Brian Gartland awarded €64,434 compensation from Dundalk FC for unfair dismissal

The Workplace Relations Commission has ordered Dundalk to pay Mr Gartland in relation to three separate workplace breaches.
Brian Gartland awarded €64,434 compensation from Dundalk FC for unfair dismissal

Then Dundalk head of football operations Brian Gartland after the SSE Airtricity Men's Premier Division match between Dundalk and Shelbourne at Oriel Park in Dundalk, Louth. Photo by Ben McShane/Sportsfile

The company that operates League of Ireland club, Dundalk FC has been ordered to pay five-time League winner with the club, Brian Gartland €52,629 for his unfair dismissal.

In total, the Workplace Relations Commission (WRC) has ordered Dundalk Town FC Ltd to pay Mr Gartland a total of €64,434 in relation to three separate workplace breaches.

A hearing into the complaints heard that Mr Gartland was abused by fans in Dundalk as a direct result of the club’s statement in May 2024 confirming his departure as Head of Football Operations.

As a player, Mr Gartland made over 250 appearances for the club as a player, winning 16 major honours, including five SSE Airtricity Men’s Premier Division titles.

Following Mr Gartland’s retirement from the game, he was appointed to the role of Head of Football Operations in January 2023 at Dundalk and WRC Adjudication Officer, Conor Stokes has found that Mr Gartland was unfairly dismissed by the club in May 2024 from the role for making a protected disclosure to his employer.

In his findings, Mr Stokes concluded that “there is no evidence whatsoever that the employer was taking an employment-related decision”.

He said: “No reason for the dismissal was ever provided, no procedures were followed. Therefore, I find that the only logical conclusion is that the complainant was dismissed for having made a protected disclosure.” 

Mr Stokes said that Mr Gartland made a complaint to the club owner relating to a disclosure that related to the likelihood that the health and safety of the players, being or likely to be endangered.

Mr Stokes said that Mr Gartland suggested that this resulted directly in his dismissal.

As part of his case, Mr Gartland confirmed that he made a protected disclosure on April 19th and April 22nd 2024 concerning a health condition of a new manager that impacted upon player safety.

Mr Gartland - who played at centre back during his playing career - said that the general consensus among fans, and also within the wider professional football community in Ireland, was that he was dismissed due to poor job performance and poor signings at the club.

Now working as Assistant Coach at St Patrick's Athletic under Stephen Kenny, Mr Gartland contended that the Dundalk club statement announcing his departure created a lot of distress where the four lines published by the club clearly indicated that the decision to terminate his employment was not his own.

In uncontested evidence, Mr Gartland contended that the club statement by publicising this narrative, that it was “not easy” to decide to part ways, resulted in his new career ambitions within professional football taking a heavy blow.

Mr Gartland submitted that for many within League of Ireland circles, to think that he had turned his back and abandoned the club was damning to his reputation.

It is also damaging to his reputation in the town of Dundalk where he lives with his young family.

Mr Gartland submitted that he has been abused by fans in Dundalk as a direct result of the club’s statement and the manner in which he was dismissed after over 11 years with the club.

Mr Gartland submitted that the implications of the penalisation suffered by him have had a devastating impact on him, both professionally and personally.

The hearing heard that mentally, this saga has been very hard to take, and it has taken a serious toll on Mr Gartland's confidence.

Mr Gartland lives right in the middle of Dundalk town and all neighbours are fans of the team and he cannot go anywhere without questions on the disintegration of his career at Dundalk and finds it very hard to reply to people when matters relating to his time at the club are brought up.

Represented by solicitor, Ger Connolly of Mason Hayes and Curran, it was submitted that some people wrongfully blame Mr Gartland as there was a narrative that he was responsible for a lot of issues which arose.

The WRC hearing was told that all these interactions are extremely uncomfortable and seriously distressing for Mr Gartland.

Mr Gartland secured alternative employment within four weeks, and paid slightly more than his former position.

The club firm did not attend the hearing and in his findings, Mr Stokes described Mr Gartland as a credible witness.

As part of the €64,434 payout, Mr Stokes has ordered the club firm to pay €8076.92 which was an increase in Mr Gartland’s salary from January 1st 2024 to the date of this dismissal that went unpaid.

Mr Stokes also ordered the club to pay €3727.36 to Mr Gartland after he was not provided with a statement of the terms and conditions of his employment by his employer.

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