Former Fine Gael TD Kate O'Connell is set to testify to an employment tribunal after being accused of bullying by a senior pharmacist, who says he had to quit to protect his health after a diagnosis of workplace stress.
In a complaint under the Unfair Dismissals Act 1977, Marwan Al Rahbi has alleged that 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 alleged conduct of his employer.
His barrister told the Workplace Relations Commission (WRC) that Mr Al Rahbi had been "compelled to resign to protect his physical and mental wellbeing" in June 2024 after just over two years with the company.
Cillian McGovern BL, instructed for the complainant by Crushell & Co Solicitors, said his client had been subjected to "rude and bullying" behaviour at work from Ms O’Connell on a date in early May 2024, having sought time off for the Islamic holiday of Eid Al-Adha in mid-June that year.
He said his client would give evidence that a chair had been removed and a heater "hidden" by the employer. Counsel submitted that Ms O'Connell came in and asked his client: "Are you not working?" She then instructed Mr Al Rahbi to carry out "arbitrary tasks", and told Mr Al Rahbi: "I am your boss," counsel said.
Mr McGovern said his client phoned Ms O'Connell’s husband, Morgan O'Connell, the superintendent pharmacist at the group, and complained that he was being subjected to "rudeness". Mr O’Connell’s response was: "Go the f*** back to work," Mr McGovern submitted.
The company, which is 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 - its barrister telling a hearing that Mr Al Rahbi's claims "do not stand up to scrutiny".
Derek Dunne BL, who was instructed by Joanne Hoban of Kelly Hoban Solicitors, said the events of 7 May 2024 were disputed. He said that what happened was that Mr Al Rahbi became "aggressive and confrontational" after being reprimanded by Ms O'Connell for using his mobile phone at work.
Counsel said Mr Al Rahbi was so engrossed in his phone that he "was not aware Ms O'Connell was present in the dispensary for several moments".
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. He said the superintendent pharmacist had been "compelled to describe the governance and reporting structure" at the company.
"The complainant refused to acknowledge that Ms O'Connell was his immediate supervisor," Mr Dunne said, telling the WRC 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 22 May last year, insisted he "would not comply" with a mobile phone ban. 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 this stage, telling the WRC Mr O'Connell wrote asking him to confirm that 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. His client expressed the view that his employers were trying to "force" him out, he said.
His client's request for time off over Eid in June 2024 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 12.5-hour shift on 19 June last year, when he left early telling his employer he was unwell and 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.
Mr McGovern said he took exception to the respondent's position that his client was offered a "renewal" of contract in May 2024. He said his client's original contract had no end date and could therefore not be renewed.
"I’m going to show the respondent was attempting to retrospectively amend the contract to say this was a two-year contract," he said.
Asked for his response by adjudicator Andrew Heavey, Mr Dunne said: "That’s a matter for evidence, chair."
Mr McGovern also confirmed to the tribunal that to the extent any issue around religious discrimination or working time was being raised in his client's complaint, these were being pursued as an element of the constructive dismissal case rather than as a separate complaints.
Adjudicator Andrew Heavey has adjourned the matter to a future date, to be set in due course by the tribunal.
