Dundalk FC ordered to pay €64k to former coach Brian Gartland over unfair dismissal

ireland
Dundalk Fc Ordered To Pay €64K To Former Coach Brian Gartland Over Unfair Dismissal
Mr Gartland made a protected disclosure regarding a health condition of the new manager that impacted upon player safety. Photo: Inpho/Ryan Byrne
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Seán McCárthaigh

The former captain and ex-head of football operations at Dundalk football club has been awarded almost €53,000 after he was unfairly dismissed from his job at Oriel Park for having made a protected disclosure about concerns for the safety of players.

The Workplace Relations Commission (WRC) ordered Dundalk Town FC to pay Brian Gartland compensation totalling €64,434 overall for the unfair dismissal and other breaches of employment legislation including a failure to pay wages and be given a written contract.

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The WRC heard that Mr Gartland, who was appointed head of football operations with Dundalk following his retirement as a player in January 2023, struck a new two-year deal with the club when it was bought by new management at the end of 2023.

Under a verbal agreement, Mr Gartland’s salary was due to increase for the first year with an additional increase for the second year together with a fee schedule relating to transfer fees and prize money.

The former captain was appointed co-manager for a short period in April 2024 before the appointment of a new manager.

A short time later, Mr Gartland made a protected disclosure regarding a health condition of the new manager that impacted upon player safety.

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He claimed he first raised the issue on April 19th, 2024 and again three days later.

Mr Gartland explained that the first day under the new manager he expressed serious concerns to the team's owner about the manager’s ability to undertake the responsibilities of the role.

While he had heard rumours, Mr Gartland said he had witnessed one or two incidents with his own eyes.

Mr Gartland said he raised health and safety issues regarding players and injury prevention and that players could not play three days a week after coming back from injury.

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However, he claimed he was overruled regarding team selection and changes to safeguard players which resulted in some players being out for weeks and months.

He said the owner told him to leave matters with him but also stated that he did not think Dundalk FC was the place for the complainant.

Mr Gartland said the club’s chief executive said he was well aware of all the circumstances when he raised the same concerns with him.

However, he was instructed not to take players off irrespective of health concerns.

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The WRC heard that Mr Gartland was asked by the chief executive to open discussions with a potential new manager after sponsors indicated they would fund an alternative manager.

However, Mr Gartland claimed the club’s owner accused him of trying to undermine the manager over such contact and fired him during a call.

Although he received another phone call a few days later from the owner who apologised and asked him to return to the club, Mr Gartland said he declined as he did not believe it was a workable situation given the publicity about his dismissal.

He told the WRC that he was summarily dismissed with news of his sacking being announced in the media within 15 minutes of being told of his dismissal.

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Mr Gartland’s solicitor, Ger Connolly, claimed it was very clear that he had been penalised for having made a protected disclosure and that he had suffered unfair treatment, coercion, intimidation, harassment and ostracization.

He also claimed Mr Gartland had experienced harm to his reputation particularly on social media as well as financial loss.

The solicitor noted Mr Gartland’s role as head of football operations was his first professional role where he was not a player.

He claimed the club’s statement about his departure from the club was damning in terms of its brevity and clearly implied that Mr Gartland had been dismissed due to his performance and its impact could not be overstated.

Mr Connolly said the general consensus among fans and the wider professional football community in Ireland was that his client was dismissed for poor job performance and poor signings by the club.

The solicitor claimed the club’s announcement that it was “not easy” to part ways meant his new career ambitions had taken “a heavy blow.”

Mr Connolly said this had occurred after Mr Gartland had been with Dundalk FC for over 11 years where he had moved to the town to set up his whole life for the good of the club.

He pointed out that the complainant had turned down better contracts from other clubs over many years and had stayed loyal to Dundalk FC.

Mr Connolly said Mr Gartland had been abused by Dundalk fans as a direct result of the statement issued by the club about his departure as well as the manner of his dismissal.

He claimed the whole experience had a devastating effect on his client both professionally and personally.

The WRC heard in October 2024 that the new owner of Dundalk FC, barrister John Temple who took over the club the previous month, had indicated that he was unaware any proceedings were in train.

However, the WRC said the club had been on notice of the complaints since July 2024.

It noted that the soccer club made no submission on the substantive issues raised by the complainant and Dundalk FC did not attend a WRC hearing earlier this month on the basis it was taking place outside the legal term.

WRC adjudication officer, Conor Stokes, said the hearing went ahead as scheduled on January 8 in the club’s absence as it had adequate notice and the WRC does not operate on the basis of legal terms.

In his ruling, Mr Stokes said the complainant had given his evidence in a cogent, clear manner and was a credible witness.

Mr Stokes said he was satisfied that he had raised concerns about the health and safety of the players with the club’s owner which he accepted amounted to a protected disclosure and was dismissed without reason a short time later.

In the absence of any evidence to the contrary, Mr Stokes said he was satisfied that Mr Gartland’s dismissal resulted “wholly or mainly” from having made a protected disclosure.

The WRC heard that Mr Gartland, who was on a salary of €50,000 with the club, was out of work for a month following his sacking.

Mr Stokes observed that the use of social media for the rushed-out announcement of Mr Gartland’s departure from Dundalk FC ensured that the soccer club’s account of events would “go beyond these shores.”

He acknowledged it was difficult to assess the level of financial loss vis-à-vis his reputational loss but said a conservative estimate would find it equivalent to nine months’ salary of €37,500.

“No reason for the dismissal was ever provided, no procedures were followed,” said Mr Stokes.

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Mr Stokes said the complainant’ loss amounted to €52,623 and he was entitled to 100% of the amount in compensation as he had made immediate efforts to mitigate his loss and find alternative employment in a short space of time.

Mr Gartland subsequently joined former Irish soccer manager, Stephen Kenny , as assistant managern with St Patrick’s Athletic.

The WRC also awarded him €3,727 over the club’s failure to provide him with a signed statement of terms and conditions and a further €8,077 over the failure to pay him an agreed salary increase.

Mr Gartland joined Dundalk FC in 2013 and made over 250 appearances for the club as a player, winning 16 major honours including five premier division titles.

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