Former 2FM presenter Chris Greene has resolved and agreed to withdraw claims of whistleblower penalisation and unfair dismissal in opposition to RTÉ, having accused the State broadcaster of sacking him after he made allegations about office sexual harassment.
The case was set to open on the Office Relations Fee (WRC) this morning however was delayed for nearly two-and-a-half hours whereas the events and their legal professionals conferred.
When the listening to opened, David Byrnes BL, showing for the complainant instructed by Marc Fitzgibbon of Lavelle Companions, mentioned: “Now we have managed to achieve a compromise in relation to all of the claims earlier than the WRC.
“All have been compromised by written settlement. On that foundation I’m glad to state my consumer is withdrawing all complaints, and I’m glad to say he’s withdrawing the protected disclosure component as properly,” Mr Byrnes added.
Requested by adjudicator Breiffni O’Neill whether or not she had something so as to add, RTÉ’s barrister, Mairead McKenna SC, mentioned: “No, thanks on your time and your courtesy to all of the events, as at all times.”
Mr Greene had initially introduced claims beneath the Unfair Dismissals Act 1977, the Protected Disclosures Act 2014 and the Cost of Wages Ac 1991 in opposition to Raidió Teilifís Éireann, all of which had been contested.
As much as 5 witnesses had been anticipated to offer proof within the case, which was known as on for 2 days of listening to this week.
Some restricted particulars of the issues in dispute had been made public at a preliminary listening to on November twenty seventh final yr.
On that date, Mr Byrnes mentioned his consumer had gone to 2FM chief Dan Healy with issues concerning “alleged sexual harassment and impropriety within the office”, arguing this had amounted to a protected disclosure.
Mr Byrnes mentioned that Mr Greene was penalised by being marginalised at work previous to dismissal, arguing: “The dismissal is an unfair dismissal within the bizarre sense, and I’m additionally suggesting there’s a penalisation component to it as properly.”
Mr Byrnes mentioned he had not set out the disclosures in written authorized submissions as a result of “the character of these protected disclosures was such that it was preferable and acceptable for them to be first introduced into this room for the safety of my consumer and different witnesses”.
Ms McKenna, who was instructed within the matter by Ailbhe Moloney of Arthur Cox, mentioned the case laid out by the complainant aspect was “not clear” and its stance on specifying the disclosures was “grossly unfair”.
“There’s nothing within the written submission that claims there’s one other protected disclosure … We are able to’t undergo each doc and dream up what the complainant’s case is likely to be,” she mentioned. “It’s too critical for that. We’re entitled to know what it’s,” she added.
On the time of the final listening to, RTÉ was disputing Mr Greene’s standing as an worker and arguing he had no entitlement to take any employment rights claims.
The tribunal was additionally advised at the moment that the State broadcaster was interesting a willpower of the Division of Social Safety’s Scope part that discovered Mr Greene had an worker standing on the materials time.
Mr Byrnes mentioned his consumer was earlier than the tribunal with a “official expectation” that he was an worker and that the WRC had “no jurisdiction” to reopen the query of his consumer’s employment standing after the Scope ruling.
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