Former Fine Gael TD Kate O’Connell has been accused of bullying by a pharmacist who says he had to quit his job with her company to protect his health after a diagnosis of workplace stress.
In a complaint under the Unfair Dismissals Act 1977, Marwan Al Rahbi alleges he was constructively dismissed from his €112,000 a year job as a senior support pharmacist at Rathgar Pharmacy Ltd as a result of the employer’s conduct.
His barrister told the Workplace Relations Commission on Tuesday that Mr Al Rahbi had been “compelled to resign to protect his physical and mental wellbeing” last June after more than two years with the company.
Cillian McGovern, for the complainant, said his client was subjected to “rude and bullying” behaviour at work by Ms O’Connell on a day last May after seeking time off for the Islamic holiday of Eid Eid al-Adha the following month.
Counsel submitted that Ms O’Connell came in and asked his client: “Are you not working?” He said she then instructed Mr Al Rahbi to carry out “arbitrary tasks”, telling him “I am your boss”.
Mr McGovern said his client phoned Ms O’Connell’s husband, Morgan O’Connell, the superintendent pharmacist at the group and complained about being subjected to “rudeness”.
Mr O’Connell’s response, Mr McGovern submitted, was that he should to “go the f*** back to work”.
The company, owned and operated by Ms O’Connell and her husband, has pharmacies in Kilmacud, Rathgar and Sandyford in south Dublin.
It denies dismissal and any breach of the legislation, with its barrister Derek Dunne telling the hearing that Mr Al Rahbi’s claims “do not stand up to scrutiny”.
Mr Dunne said the events of May 7th last were disputed.
He said Mr Al Rahbi became “aggressive and confrontational” after being reprimanded by Ms O’Connell for using his mobile phone at work.
Mr Dunne said Ms O’Connell had “calmly” told the complainant to finish dealing with his call elsewhere and “did not raise her voice at any stage”.
Mr Dunne said that upon returning to the dispensary, Mr Al Rahbi “roared and wagged his finger” at Ms O’Connell and “invaded her personal space”.
Counsel said his client would also dispute Mr Al Rahbi’s account of an interaction with Mr O’Connell.
“The complainant refused to acknowledge that Ms O’Connell was his immediate supervisor,” Mr Dunne said, adding that the complainant’s words on that occasion were: “No, I will not say she is my boss.”
Mr Dunne said Mr Al Rahbi also became “defensive and combative” when performance issues were raised with him at a review meeting on May 22nd last. He said Mr Al Rahbi then accused Ms O’Connell of “bullying” at various points during the meeting.
Mr Dunne said the company’s understanding was that Mr Al Rahbi had indicated he was resigning at that stage. He said Mr O’Connell then wrote asking him to confirm he had declined an offer to renew his contract.
However, quoting from his client’s complaint form, Mr McGovern said a “sudden pressure to sign documents” arose. He said his client expressed the view that his employers were trying to “force” him out.
His client’s request for time off over Eid was not accommodated and he was of the view that “confidential” information about the review meeting was circulating in the workplace, counsel said.
Mr Al Rahbi’s complaint stated that he reached “breaking point” during a 12½-hour shift on June 19th last and left work early, telling his employer he was unwell. He attended a doctor, where he received a diagnosis of workplace stress, Mr McGovern said.
Mr Al Rahbi is expected to give evidence at a later stage in the proceedings. Mr Dunne said the O’Connells would both testify and that employees Laura Griffin and Sarah Lynch would also be called as witnesses.
Adjudicator Andrew Heavey has adjourned the matter to a future date.
