After being accused of bullying by a senior chemist who claims he had to resign to safeguard his health following a diagnosis of job stress, former Fine Gael TD Kate O’Connell is scheduled to testify before an employment tribunal, reports RTE.
Marwan Al Rahbi has filed a lawsuit under the Unfair Dismissals Act 1977, alleging that his employer’s alleged actions led to his constructive dismissal from his €112,000-per-year position as a senior support chemist at Rathgar Pharmacy Ltd.
After little over two years at the firm, Mr. Al Rahbi was “compelled to resign to protect his physical and mental wellbeing” in June 2024, according to his lawyer, who spoke to the Workplace Relations Commission (WRC), reports RTE.
After requesting time off for the Islamic holiday of Eid Al-Adha in mid-June of that year, Cillian McGovern BL, acting on behalf of the complaint and represented by Crushell & Co Solicitors, claimed that his client had experienced “rude and bullying” behaviour at work from Ms. O’Connell on a day in early May 2024.
According to him, his client would testify that the employer had taken away a chair and “hidden” a heater. According to the counsel, Ms. O’Connell entered and questioned 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, reports RTE.
According to Mr McGovern, his client complained about “rudeness” over the phone to Morgan O’Connell, the group’s superintendent chemist and Ms. O’Connell’s husband. “Go the f*** back to work,” Mr. McGovern said in response to Mr. O’Connell.
Ms. O’Connell and her husband own and run the business, which has pharmacies in south Dublin’s Sandyford, Rathgar, and Kilmacud, reports RTE.
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Its lawyer told a hearing that Mr. Al Rahbi’s assertions “do not stand up to scrutiny” in order to deny dismissal and any legal violations.
Under the guidance of Joanne Hoban of Kelly Hoban Solicitors, Derek Dunne BL stated that the events of May 7, 2024, were contested. According to him, Mr. Al Rahbi got “aggressive and confrontational” after receiving a scolding from Ms. O’Connell for using his cell phone work-related.
Counsel said that Mr. Al Rahbi “was not aware Ms. O’Connell was present in the dispensary for several moments” because he was so preoccupied with his phone, reports RTE.
Ms O’Connell “did not raise her voice at any stage” and “calmly” instructed the complainant to continue handling his call elsewhere.
According to Mr. Dunne, Mr. Al Rahbi “roared and wagged his finger” at Ms. O’Connell and “invaded her personal space” when he returned to the dispensary, reports RTE.
Counsel stated that his client will contest Mr. Al Rahbi’s description of a conversation with Mr. O’Connell as well. According to him, the superintendent chemist was “compelled to describe the governance and reporting structure” of the organisation.
“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,” reports RTE.
Mr. Dunne claimed that when performance concerns were brought up with Mr. Al Rahbi during a review meeting on May 22 of last year, he also became “defensive and combative” and insisted he “would not comply” with a restriction on cell phones.
Then, during the discussion, Mr. Al Rahbi accused Ms. O’Connell of “bullying” on many occasions, reports RTE.
According to Mr. Dunne, the business believed that Mr. Al Rahbi had informed the WRC that he was leaving at this point and that Mr. O’Connell had written to him to get confirmation that he had turned down a contract renewal offer.
However, Mr. McGovern said that a “sudden pressure to sign documents” occurred, citing his client’s complaint form. According to him, his client voiced the opinion that his bosses were attempting to “force” him out, reports RTE.
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