A veteran church security volunteer was ousted by the Augustinian Order for warning that certain "rogues" were going to try and pass off "fake relics" for sale at its church in Limerick City, a tribunal has been told.
The allegation was aired during a preliminary hearing at the Workplace Relations Commission into a complaint under the Unfair Dismissals Act 1977 by Frank Purcell, challenging his alleged sacking from the Church of St Augustine on O'Connell Street, Limerick.
Lawyers acting for the holy order of friars objected this week to the tribunal holding a hearing into the substance of the dispute.
Its barrister, John Monaghan BL, appearing instructed by Pierre Sylvestre of Dundon Callinan Solicitors, argued Mr Purcell has no standing to pursue a complaint under employment legislation, given that he was never paid for his work.
"Where there is no consideration, there can be no employment," Mr Monaghan said - pointing out that Mr Purcell's WRC complaint form stated his gross weekly wages to be "€0.00".
"Under a letter issued to the respondent on 12 November 2024 by his solicitors at the time, it is noted that there's a suspension of his role as a volunteer at the church premises. He's a volunteer, he’s not paid by wages or any other form of remuneration," Mr Monaghan added.
Mr Purcell's representative, Frank McDonnell, countered that the Protected Disclosures Act "gives recognition to volunteers, particularly where there's penalisation".
"The proof of the penalisation of Frank Purcell was when he was summarily dismissed for doing his job; no right of appeal, no inquiry, nothing - just stepped down, that was it, after 16 years," Mr McDonnell said.
When adjudication officer Peter O'Brien said he would be looking for the complainant side to show him "evidence of compensation", Mr McDonnell said Mr Purcell was "more concerned about his standing in society" as he was "well-known" after his lengthy service as a volunteer for the Augustinians.
"It's obvious he's contributed to the Church over many years; he’s the best interests of the Church at heart trying to deal with certain issues he's alleged and pointed out over the years, but I'm not convinced this is an employment issue," Mr O'Brien said.
"I'll be blunt, I think it's more an issue between the parties that could hopefully be resolved by means other than an industrial relations or employment law tribunal," Mr O’Brien added.
Mr Monaghan said: "We appreciate the complaint Mr Purcell is making… but this is not the correct venue."
Mr McDonnell said Mr Purcell was "a guy that gave 16 long years of service" to the Augustinians.
"He made a disclosure to the Order that there was some not nice people going to arrive selling fake relics, and there was an altercation at the back of the church during Mass," Mr McDonnell said.
"Mr Purcell was very badly treated by a religious order, after giving them 16 loyal years of service, [there was] no explanation of what he was doing wrong. He was sacked for doing his job," he added.
Mr Monaghan objected to the submission.
"He turned up seven days a week and twice on Sunday. He felt obliged to warn the order that these rogues were coming in," Mr McDonnell submitted further.
Mr O’Brien invited legal submissions in writing on the respondent’s objection and closed the hearing.