The case of an Aer Lingus pilot sacked for a social media campaign on alleged "toxic fumes" on airliners has now become the longest-running employment rights case since public hearings began at the Workplace Relations Commission.
The pilot, veteran Airbus A320 captain Tom O'Riordan, is pursuing complaints of whistleblower penalisation, unfair dismissal and non-payment of wages against Aer Lingus Ltd at the WRC, following his dismissal in 2024.
Mr O'Riordan has told the tribunal the airline "knowingly" directed him to operate what he argues was an unsafe Airbus A320, EI-DEN, on an empty ferry flight from Heathrow to Dublin on 5 June 2023, and that he suffered a brain injury as a result.
Mr O'Riordan was sacked after the company decided he had committed "serious gross misconduct" by taking to social media with what he called a "campaign of awareness" about alleged "toxic fumes".
Aer Lingus, through its lawyers, has strongly denied Mr O'Riordan, nor any of his colleagues, nor the public, were ever put at risk.
Mr O'Riordan concluded his evidence on his sixth day in the witness chair today, in what has now become the longest-running employment rights case at the WRC since 2021 in terms of hearing days.
Under cross-examination yesterday, Mr O'Riordan told the WRC he was making "protected disclosures" to "the general public and to Aer Lingus crew" when he wrote about "oil suspected of damaging fertility and the unborn child".
"To the public in general, rather than any specific member of the public," said Tom Mallon BL, appearing instructed by Arthur Cox LLP for the airline.
"Yes, that’s my evidence," he said.
'Peaceful protest'
Mr Mallon also questioned Mr O'Riordan about his decision to picket Aer Lingus's corporate headquarters at Dublin Airport on 26 February 2024. Mr O'Riordan confirmed that he was in uniform and had a placard made.
"I engaged in a peaceful protest, yes," Mr O’Riordan said.
Nobody asked him while he was outside the offices to stop and he ceased his protest around 10.30am, after about an hour and a half of picketing, he said.
When Mr Mallon put it to Mr O’Riordan that he was subject to "three successive disciplinary processes", Mr O’Riordan replied: "That appears to be correct."
"I communicated in advance to Aer Lingus that he outcome of all these procedures would be pre-determined, and I was not attending," he said.
He said before the disciplinary process, the airline's chief pilot, John Kelly, had threatened action against him, while its human resources director, Sharon Morris, "threatened me and bullied me and tried to coerce me into stopping my campaign on social media".
"Your behaviour, it was made clear to you, was unacceptable," Mr Mallon said.
"All my actions, interactions and correspondence in regard to toxic fumes are related to public and crew health and safety," Mr O’Riordan said.
"And the company made it clear to you on numerous occasions that was unacceptable," Mr Mallon said.
"That's an unlawful direction," he said.
"That’s a matter for the adjudication officer," Mr Mallon said.
"I would contest it," Mr O'Riordan said.
Mr O'Riordan confirmed he attended meetings in relation to the first of the three disciplinary processes, but did not engage further until it came time to appeal his dismissal to the airline’s chief operating officer, Adrian Dunne, who upheld the sanction.
The second disciplinary process concluded Mr O'Riordan’s posts on the ToxicAer accounts were "overwhelmingly negative" and in breach of Aer Lingus social media policy, Mr Mallon said.
Mr O'Riordan said the social media policy ""had only been created on 6 June [2024]" and was "interjected" during the disciplinary process.
The complainant's counsel, David Byrnes BL, appearing instructed by Setanta Solicitors, said his client was "not aware" of the outcome of the first disciplinary process because he had been cut off from his work emails when it was given.
"Did you receive notice of the outcome of the first disciplinary?" adjudicator Aideen Collard asked the complainant.
"No, I did not," Mr O'Riordan said. Asked when he saw it for the first time, he said: "Here in the WRC, I believe."
Mr O'Riordan was excused shortly after that.
Ms Collard adjourned after telling the Aer Lingus legal team it could have a week to decide whether to call more witness evidence concerning the company's sick pay scheme before she hears closing arguments in December.
That will bring to an end what has become the longest case to run at the WRC since the tribunal was first required to convene hearings in public in 2021.
Monday was noted to be the 20th day of evidence over a 25-day run of hearings, spread over nearly two years.
Mr O'Riordan’s complaints against Aer Lingus Ltd are under the Unfair Dismissals Act 1977, the Protected Disclosures Act 2014, and the Payment of Wages Act 1991.
