A Dundee leisure chief who became “aggressive” and made his boss cry has lost a tribunal case after a judge branded his evidence “sinister”.
Graham Wark launched a disability discrimination and unfair dismissal case after losing his job as head of leisure and sport services at Leisure and Culture Dundee.
He had been suspended along with colleague Billy Gartley in December 2022 after a breakdown in his relationship with his boss, Judy Dobbie, and was sacked in August the following year.
Mr Wark took Leisure and Culture Dundee (LCD), a charity funded by Dundee City Council, to a tribunal claiming he had been sacked due to his anxiety and depression, which the organisation disputed.
Tribunal judge Ian McFatridge rejected the claim – branding Mr Wark a “less than impressive witness” who attempted to put a “sinister gloss” on some “straightforward” matters.
Mr Wark was also described as “evasive” and, at times, “extremely disingenuous”.
Leisure and Culture Dundee boss in tears after worker’s ‘extremely aggressive’ behaviour
The tribunal heard the issues began at the end of 2019, when Ms Dobbie was appointed managing director of LCD – a job Mr Wark had applied for.
Ms Dobbie was tasked with tackling “substantial financial challenges” facing the organisation and put forward a restructuring plan involving Mr Wark’s role, though she insisted this did not mean him losing his job.
After the Covid pandemic delayed the plans, a meeting was held with Ms Dobbie and senior managers in 2021, during which Mr Wark and other members of the team “became extremely angry”.
The tribunal found both Mr Wark and Mr Gartley – head of cultural services – “behaved extremely aggressively towards Ms Dobbie” and following this, “Ms Dobbie cried”.
Another senior LCD employee, Jayne Gair, messaged Ms Dobbie immediately after the meeting, saying: “That must have been horrendous for you. You did really well.”
Ms Dobbie replied: “I just came off and cried.”
Ms Gair told the managing director: “I am free if you want to talk, they were both unacceptably aggressive in my opinion.”
Following this, Mr Wark, Mr Gartley and another colleague – who later distanced himself from the case – lodged a grievance against LCD, which was partially upheld by a council official.
However, still unhappy with several matters, Mr Wark continued to pursue his grievances and then went off sick later that year.
A doctor’s note said he had been suffering from “work-related stress, sleep disturbance, lack of tolerance and eating junk food as a maladaptive coping mechanism”.
It also noted he had been “feeling angry and concerned he will speak/act impulsively in workplace and so self-certified”.
Mr Wark was suspended from his £67,000-a-year job in 2022.
He was eventually sacked in 2023 as an independent HR consultant deemed the relationship between Mr Wark and LCD bosses was “irretrievable”.
‘Unfavourable’ coverage in The Courier a factor in breakdown of relationship
The tribunal documents show how “unfavourable” coverage of the case in The Courier – in which Mr Wark was said to have allowed his trade union rep to speak on his behalf – had been a factor in the relationship breaking down.
Mr Wark’s tribunal case initially centred on claims he had been the subject of age, sex and disability discrimination, along with discrimination in his role as a whistleblower.
However, most of these claims were later withdrawn – so the tribunal focused solely on the disability and unfair dismissal case.
Judge Mr McFatridge said the witnesses speaking for LCD were credible.
He said Ms Dobbie, although still “upset and emotional” about the case, provided “reliable” evidence, including admitting to her own mistakes.
However, he was scathing about Mr Wark, who he said was an “evasive” witness.
Although Mr McFatridge accepted Mr Wark had suffered a period of illness, he said “there was absolutely no medical evidence provided to show the claimant’s particular disability would cause him to act in an aggressive, agitated and apparently angry way”.
The judgement said: “The tribunal every day hears about employees who suffer from anxiety and depression who attend absence management meetings and do not behave in the aggressive way the claimant did.”
It added: “The tribunal’s view is that it was not up to us, without further medical evidence, to make a finding that the claimant’s behaviour should be attributed to his disability.
“In the view of the tribunal, this lack of evidence fatally undermines the claimant’s case.”
The case was dismissed.
Graham Wark considering appeal after losing Leisure and Culture Dundee tribunal case
When contacted by The Courier, Mr Wark said: “The decision is under review with my advocate and lawyers with a view to considering an appeal.”
In a statement, both LCD and Dundee City Council said: “We are aware of the tribunal’s findings.
“It would not be appropriate to comment further.”
The outcome of Mr Gartley’s case has not been confirmed.
However, The Courier has attempted to contact him for a response to the claims he also acted aggressively.
The Courier reported on Tuesday how Ms Dobbie received a £6,000 pay rise in 2023/24, taking her salary to more than £120,000.
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