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Dundalk FC star wins big settlement after sacking for making a protected disclosure

/ 30th January 2025 /
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The company that operates League of Ireland club Dundalk FC has been ordered to pay five-time League winner Brian Gartland €52,629 for his unfair dismissal, writes Gordon Deegan.

The Workplace Relations Commission ordered Dundalk Town FC Ltd to pay Mr Gartland a total of €64,434 in relation to three separate workplace breaches.

As a player, Mr Gartland made over 250 appearances for the club, winning 16 major honours, including five SSE Airtricity Men's Premier Division titles.

Following Mr Gartland's retirement from the game, he was appointed Head of Football Operations at Dundalk in January 2023.

WRC adjudication officer Conor Stokes found that Gartland was unfairly dismissed by the club in May 2024 for making a protected disclosure to his employer.

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Mr Stokes concluded that "there is no evidence whatsoever that the employer was taking an employment-related decision".

He said: "No reason for the dismissal was ever provided, no procedures were followed. Therefore, I find that the only logical conclusion is that the complainant was dismissed for having made a protected disclosure."

He said that Mr Gartland made a complaint to the club owner relating to a disclosure that related to the likelihood that the health and safety of the players was being, or was likely to be, endangered.

Mr Stokes said that Mr Gartland suggested that this resulted directly in his dismissal.

As part of his case, Mr Gartland confirmed that he made a protected disclosure on April 19 and April 22, 2024 concerning a health condition of a new manager that impacted upon player safety.

Mr Gartland - who played at centre back during his career - said that the general consensus among fans, and also within the wider professional football community in Ireland, was that he was dismissed due to poor job performance and poor signings at the club.

Now working as Assistant Coach at St Patrick's Athletic under Stephen Kenny, Gartland contended that the Dundalk club statement announcing his departure created a lot of distress where the four lines published by the club clearly indicated that the decision to terminate his employment was not his own.

In uncontested evidence, Gartland contended that the club statement by publicising this narrative - that it was "not easy" to decide to part ways - resulted in his new career ambitions within professional football taking a heavy blow.

Gartland submitted that for many within League of Ireland circles to think that he had turned his back and abandoned the club was damning to his reputation.

It is also damaging to his reputation in the town of Dundalk where he lives with his family.

Gartland submitted that he has been abused by fans in Dundalk as a direct result of the club's statement and the manner in which he was dismissed after over 11 years with the club.

He submitted that the implications of the penalisation suffered by him have had a devastating impact on him, both professionally and personally.

The hearing heard that mentally this saga has been very hard to take and it has taken a serious toll on his confidence.

Dundalk FC
Brian Gartland in his new role with St Pats. INPHO/Tom Maher

The former player said he lives in the middle of Dundalk town and all his neighbours are fans of the team.

He cannot go anywhere without questions on the disintegration of his career at Dundalk, and finds it very hard to reply to people when matters relating to his time at the club are brought up.

Represented by solicitor Ger Connolly of Mason Hayes and Curran it was submitted that some people wrongfully blame Gartland as there was a narrative that he was responsible for a lot of issues which arose.

The WRC hearing was told that all these interactions are extremely uncomfortable and seriously distressing for Mr Gartland.

He secured alternative employment within four weeks, and was paid slightly more than his former position.

The club did not attend the hearing and in his findings, Stokes described Gartland as a credible witness.

As part of the €64,434 payout, the club firm has been ordered to pay €8,076.92, which was an increase in Gartland's salary from January 1, 2024 to the date of this dismissal that went unpaid.

Stokes also ordered the club to pay €3,727.36 to Gartland after he was not provided with a statement of the terms and conditions of his employment by his employer.

Photo: Brian Gartland lifts the League of Ireland trophy for Dundalk on 19/10/2018. Inpho

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