A CARPENTER had the end of his nose bitten off and spat into a toilet bowl when he squeezed a workmate's testicles, a court heard yesterday.

The nose-biting was the culmination of a violent row between two work colleagues at a Daughters of Charity of St Vincent de Paul health centre in Navan Road, Dublin.

Michael Shadlow and Tony Casey were both dismissed after the fight -- and were subsequently awarded almost €50,000 in compensation between them for unfair dismissal.

The centre is now appealing the Employment Appeals Tribunal awards of €28,000 to Mr Shadlow, of St John's Avenue, Naas, and €20,000 to Mr Casey, of Collins Avenue West, Donnycarney, Dublin.

Tom Mallon, counsel for the charity, told Judge Jacqueline Linnane at the Circuit Civil Court that both men had been carpenters at the centre which caters for 400 children and adults with moderate, severe and profound intellectual disabilities.

There had been a very serious incident of mutual physical violence on October 27, 2005, in which Mr Shadlow had a piece of his nose bitten off by Mr Casey, who had in turn alleged he had been assaulted in a very serious way by Mr Shadlow.

Dismissed

Mr Mallon said the incident led to the dismissal of both men. He said the tribunal had taken the view that the charity's failure to determine who had been the instigator of the row had somehow led to them having been unfairly dismissed, coupled with evidence that there had been some bad feeling between them for several years.

"I say that is an incorrect determination by the tribunal. The law states that violence in the workplace is, practically in all cases, a dismissable offence and that bad feeling doesn't allow them to engage in unacceptable conduct," Mr Mallon said. "Their conduct was unacceptable and constituted gross misconduct."

Sister Marian Hart, the centre's administrator and director of nursing, said she received a phone call on the day about the incident and she and nurse manager Breda Noonan had gone to the worksheds.

"I realised Michael had a serious bite on his nose and that a piece of the nose was actually missing," Sister Hart said.

"I knew it would be imperative to get the piece to get it stitched back on. I found the piece in a nearby toilet bowl which had not been flushed."

Sister Hart said Mr Shadlow told her Mr Casey had bitten his nose. She had him escorted to the Mater Hospital by another workman who had taken the piece of nose with him in a sterile bag.

Mr Casey had been in a crouched position with his head in his hands and in a very distressed state. He had said Mr Shadlow had always been out to get him and had taunted him.

He told her Mr Shadlow had caught him by the testicles for about a minute and had head- butted him three times in the face. He said he had bitten Mr Shadlow's nose.

Trouble

Sister Hart told Conor Kearney, counsel for Mr Casey, it was "very difficult" to establish who had started the trouble. What had happened was completely out of character for him.

Sister Hart told Mervyn Hickey, counsel for Mr Shadlow, she had found the piece of nose in the toilet bowl. She felt it had been spat out. Mr Shadlow had told her he had to grab hold of Mr Casey's testicles to get out of a very painful headlock.

Nurse manager Breda Noonan said she treated Mr Shadlow at the scene.

There was a lot of blood on his face and after Sister Hart had found the nose tissue in the toilet she had telephoned the Mater Hospital to have a plastic surgeon on standby.

Ms Pat Reda, a human resources consultant, said she had been contracted to investigate the incident for the centre.

From interviews she had with both men she gleaned there had been accusations of bullying. Casey had told her Mr Shadlow had gone crazy and firmly grabbed him by the testicles.

Ms Reda said she had recommended severe disciplinary action to be taken against both men.

It had not been possible to ascertain who had started the incident or whether either of them had acted in self-defence. There had been no witnesses and each one had blamed the other for starting it.

The case continues today.

- Ray Managh