A gay Belfast dock worker, who was awarded £45,000 (about €62,000) for harassment and discrimination on the basis of sexual orientation, was rightfully sacked because of a “vicious assault”, a lawyer declared on Monday.
The claims were made during a Northern Ireland Employment Tribunal hearing into the alleged wrongful dismissal of Martin Shiel (51).
The lawyer for Stena Line Irish Sea Ferries Ltd, who deny any wrongdoing in dismissing Mr Shiel, told the tribunal that immaterial of Mr Shiel's sexual orientation or any harassment he suffered, his sacking was right and proper given the "quite vicious assault" he allegedly perpetrated on fellow dock worker William Gilmour.
At the end of an earlier hearing in May 2014, an industrial tribunal found that Mr Shiel was the victim of discrimination and harassment at work on the grounds of his sexual orientation and was unfairly dismissed by Stena Line Irish Sea Ferries Ltd. It awarded him £37,500 (about €51,500) for the wrongful sacking and a further £7,500 (about €10,000) for harassment and discrimination.
Successful appeal
While Stena Line successfully appealed the wrongful dismissal verdict, they accepted the findings of sexual discrimination and harassment. The High Court in Northern Ireland ordered a retrial following the appeal.
Stena Line’s lawyer told the panel how the case centres around an incident on November 2nd, 2012 as Mr Shiel and Mr Gilmour unloaded cargo. Mr Shiel allegedly shouted: “I’ll f****** knock that f****** smile off your face” before jumping into his work colleague’s tug, or lorry cab, where he punched him several times in the head, causing swelling and bleeding.
On behalf of the ferry company respondents, the lawyer conceded that while the “sexual orientation element” of the case cannot be totally ignored, Stena Line were correct to sack Mr Shiel.
Previously, Mr Shiel claimed the incident was the culmination of a campaign of harassment and homophobic abuse.
The hearing, expected to last all week, continues.