Brian Gartland case paints chaotic picture of Dundalk's dire 2024

WRC Adjudication Officer, Conor Stokes, found that Gartland was unfairly dismissed by the club from the role for making a protected disclosure to his employer.
Brian Gartland case paints chaotic picture of Dundalk's dire 2024

CLUB LEGEND: Brian Gartland made over 250 appearances for Dundalk, winning 16 major honours. Pic: Piaras Ă“ MĂ­dheach, Sportsfile

Brian Gartland’s successful unfair dismissals case against Dundalk – which awarded him €64,434 in compensation – provides a fascinating insight into the club’s relegation season.

Having made over 250 appearances for the club as a player, winning 16 major honours, including five Premier Division titles, Gartland was appointed as the club’s head of football operations in January 2023.

Dundalk’s winless start to the 2024 season led to the departure of Stephen O’Donnell, prompting new owner Brian Ainscough to install Gartland and Liam Burns as caretaker bosses.

Three games later and veteran coach Noel King was drafted in. Despite being employed on an 18-month deal and winning his first match, King’s reign lasted four matches as he stepped down on medical grounds.

It transpired during the case that Gartland had lodged two protected disclosures concerning a health condition of a new manager that impacted upon player safety.

Gartland told the adjudicator that the manager at one point “wanted to put a player in a position he hadn’t played before”. He said the manager “simply couldn’t remember what position the player usually played”.

Boston-based Ainscough fired Gartland on May 11 during a telephone call when he questioned the caretaker manager’s authority to engage in discussions with an alternative manager. The complainant said he was approached by potential sponsors offering funding for an “alternative manager” and was asked by the club’s CEO to “open discussions”. This manager is understood to be Stephen Kenny, Gartland’s former Dundalk boss who he was reunited with at St Patrick’s Athletic four weeks after his dismissal.

WRC Adjudication Officer, Conor Stokes, found that Gartland was unfairly dismissed by the club 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.” 

Unfair dismissals payouts are usually based on loss of earnings but this award centred on the protected disclosure impact, coming to a sum of €52,629.62.

As there was only an “unsigned copy of a draft contract” of employment available, this was deemed breaching the Terms of Employment (Information) Act 1994 and so four weeks’ salary, €3,727.36, was added.

Factoring a third successful claim under the Payment of Wages Act 1991, failing to award a “verbally agreed pay rise”, the overall compensation came to €64,433.90.

Ainscough in September offloaded the club to John Temple but the barrister was unable to attend the hearing.

The FAI said this week that Dundalk FC had no football debts on December 5, the date they were awarded a license to compete in this year’s First Division.

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