‘Abbeylara scenario’ fears during stand-off, tribunal told

A senior Siptu official told a hearing "the Abbeylara scenario was on everyone’s minds" when trying to defuse a five hour stand-off between the Garda Emergency Response Unit and a council worker four years ago.

At an Employment Appeals Tribunal hearing in Ennis yesterday, Tony Kenny said that, in his 16 years as a union official, he had never come across a situation like the one in Feakle on May 13, 2010.

“It was pretty volatile. Joseph Floyd was exceptionally agitated. The situation was dangerous and there was armed gardaí all over the place.”

Mr Floyd admitted he had threatened a Garda with a can of petrol as he sat in a van blocking council contractors commencing a job at Feakle.

Don Culliton, on behalf of Clare County Council, told the tribunal Mr Floyd was sitting in the van with cans of petrol and had a lighter in his hand.

Mr Floyd said he was carrying out his protest over safety fears he had over the council hiring sub-contractors, a council commitment that it would not hire contractors for such works, and a failure to talk with him over his concerns.

Claiming unfair dismissal and seeking his council job back, Mr Floyd has already stated armed gardaí trained their Uzi machine guns on him during the stand-off.

At the hearing yesterday, Mr Kenny said: “You had the Garda hostage negotiator there and the Abbeylara scenario was on everyone’s minds, and everyone was happy that the scenario here was eventually defused”.

In 2000, John Carthy was shot dead by the Garda Emergency Response Unit in controversial circumstances after a 25-hour siege at Abbeylara.

At the Feakle stand-off, Mr Kenny negotiated with the council to provide a letter to Mr Floyd that he would not lose his job as a result of his protest.

Mr Kenny said: “I was assured by the council that Mr Floyd would not be dismissed and a letter from the council would follow. After much discussion, Mr Floyd exited the van.”

The letter from the council read: “I wish to confirm that Mr Floyd is not dismissed.”

The council has argued the letter was provided under duress. In response, Mr Kenny said yesterday: “I was on the scene. I have always operated on the basis that my word is my bond and my clear understanding was that Mr Floyd would not be dismissed.”

However, three days later, after giving an interview to Clare FM, Mr Floyd was suspended and was eventually dismissed for gross misconduct in September 2011 after an investigation.

Mr Floyd told the tribunal yesterday: “I didn’t say anything wrong about the council in the radio interview. I don’t know what caused concern in the interview and I have never been told by anyone what caused concern in the interview to this day.”

Mr Floyd said that he has not worked since his dismissal.

Mr Kenny said that he raised with the council the issue of the letter provided to Mr Floyd, but was told by the council that the situation has moved on.

Mr Culliton argued Mr Floyd was fairly dismissed “and wholly contributed to his own dismissal”. He said that primary focus on the day was to stand down the incident.

The tribunal is due to give its determination on the claim within weeks.