Brendan Ogle, a senior official with the Unite trade union, has accused his employer of discriminating against him due to his cancer diagnosis and treatment.
Mr Ogle has taken a case against Unite at the Workplace Relations Commission (WRC) claiming he was discriminated against in breach of the Employment Equality Act.
The complaints are denied by Unite.
In opening statements at a hearing before the WRC today, Mr Ogle’s legal team said his role at the union had been decimated and that he had been left alienated and isolated.
Lawyers for Unite told the hearing that Mr Ogle has not established that he was discriminated against and that his claim is artificial.
They said Unite took all possible steps to accommodate Mr Ogle but that these were rejected and rebuffed at all times.
In evidence at today’s hearing, Mr Ogle gave details of his cancer diagnosis in the summer of 2021, a sequence of events that he described as ‘borderline traumatic’.
He said he and his wife both had Covid in April 2021, adding that they were quite unwell with the illness.
Mr Ogle said that he was left with swollen glands for some time after and that a swelling under his left jaw did not go away.
He was diagnosed with cancer and underwent surgery in July 2021.
He began chemotherapy and radiotherapy in September 2021.
Mr Ogle said the cancer was aggressive and the prognosis was not good, but because he was in otherwise good health he was given the maximum levels of chemotherapy and radiotherapy.
He said he lost four and a half stone and could not eat solids for six months.
Mr Ogle told the hearing that the treatment affected his mouth and jaw area and that he has now grown a beard because of what he described as the ‘unsightly’ consequences.
In November 2021, Mr Ogle said he had a conversation with the then General Secretary of the Unite trade union Len McCluskey about returning to work once he had recovered.
Today’s hearing heard details of emails between Unite and Mr Ogle outlining a plan that would see him move to a position in the Dundalk office.
Although this role was at a lower grade, Mr Ogle’s salary would be ‘red circled’ or protected for a period of three years.
In an emailed reply, Mr Ogle said the pay arrangement was unacceptable and that he was not prepared to be demoted while on sick leave.
