A senior Aer Lingus manager has said that a second passage in a disciplinary investigation report, where he again seems to side with a pilot later demoted by the airline, only reads that way because he used the wrong word a second time.
Earlier this week, Captain Conor Barrett told the Workplace Relations Commission (WRC) that there was a finding in his investigation report where he stated: “A review of the safety manual and the operating manual indicates a strong structure to believe this viewpoint.”
This was in reference to the view of the complainant – pilot Declan McCabe – that the company’s safety manual left it up to his judgment to file a report after an incident on a flight into Dublin airport in June 2023, the tribunal was told.
Directing the tribunal to the word ‘believe# in the passage, Mr Barrett said: “That is a spelling mistake on my part, and it should have said ‘belie’.”
With regard to the first “typographical error”, adjudicator John Harraghy later said: “It’s a fairly significant error, you know… I’m at a loss to understand why this wasn’t highlighted at some stage in the subsequent disciplinary process or the appeal process by someone from the respondent.”
Mr Barrett told the tribunal yesterday that when he did use the word “belies” elsewhere in the report, he meant something different.
The tribunal was hearing the 11th day of evidence in a whistleblower penalisation case brought by Mr McCabe, who is pursuing complaints under the Protected Disclosures Act 2014, Safety, Health and Welfare at Work Act 2005, and the Payment of Wages Act 1991 against Aer Lingus Ltd.
The complainant disputes the company’s view that he was obliged to file a safety report after the Airbus A321xlr he was flying into Dublin Airport on 8 June, 2023 failed to link up with a radio navigation beacon for the new north runway.
The parties dispute whether the most likely reason for the event, which was ultimately determined to be a “low severity” occurrence.
Captain Barrett confirmed in evidence yesterday that he was “satisfied” Mr McCabe “failed to submit a safety report” within 72 hours of the flight in question and that there were “no exceptions” to missing that deadline.
He found further that Mr McCabe “provided inaccurate information” to regulator Air Nav Ireland and “failed to submit an air safety report in a timely fashion when requested to do so”.
His investigation report was referred on to a disciplinary hearing later in 2023, and Mr McCabe was demoted from his senior post as an A320 captain with duties as a trainer to a first officer – a junior flying role.
He was also told that while he could return to command responsibility, he would never be allowed to conduct training again.
“I do stand over my conclusions,” Captain Barrett told the WRC today.
Quoting from Captain Barrett’s report at the hearing, Tom Mallon BL reached a passage which read: “The contents of this report and the contents of Captain McCabe’s contribution belies Captain Nolan’s position.”
Counsel for the complainant, David Byrnes BL, drew attention to the use of the word “belies” in that passage.
He said it meant Captain Barrett had written that his report “undermines” the view of the director of safety and security at the airline, Captain Conor Nolan.
“That’s an error on my part,” Captain Barrett said.
“What is the error?” Mr Mallon asked.
“It’s an error on my part, and if there’s an error in the report I accept the error in the way it’s written. However, when you read the report in its entirety, the conclusions are clear,” Captain Barrett said.
Adjudication officer John Harraghy asked the witness when he realised the error.
“I didn’t realise it was an error until just now,” Captain Barrett said.
Captain Barrett went on to say that what he meant to write in that passage was that “Captain Nolan’s evidence did not match up with Captain McCabe”s contribution”.
“So what I’m driving at is that their evidence was at odds,” he said.
Mr Harraghy said that the “ordinary meaning” of the word “belies” was to “give the lie” and that a plain reading of the sentence suggested the disciplinary investigation report and Mr McCabe’s contribution to it “both undermine Captain Nolan’s position”.
The case, which is being heard in public at Lansdowne House in Dublin 4, has been adjourned to next Tuesday, when Captain Barrett is to continue under cross-examination.
Mr Byrnes is instructed by Setanta Solicitors in the matter, and Mr Mallon by Arthur Cox.
