THE boss of an art gallery at the centre of an unfair dismissal claim has been criticised by a tribunal panel.

A ruling by Newcastle tribunal chairman John Hunter described the behaviour of Helen Smith, chief executive of the Waygood Gallery in Newcastle, as “not normal and unpredictable”.

Bosses at Newcastle City Council and the Arts Council, which fund the gallery, are now carrying out a review into Waygood’s future in light of the judgement.

Artist Topsy Qur’et took the gallery to an employment tribunal claiming he was sacked from his post for no reason.

And the tribunal agreed Mr Qur’et was unfairly dismissed, saying he was without blame and that Ms Smith’s version of events was “lacking in credibility”.

Tension between Mr Qur’et and Ms Smith, about whose behaviour two other staff members had also complained, was said to have begun over her failure to give him assurances about his contract with the gallery.

In July 2008 the artist approached Ms Smith in her studio to discuss the issue.

Ms Smith claimed on that day she had felt intimidated by Mr Qur’et, telling the tribunal he had stood still and stared at her “as though he was waiting for her to crumble and crack” until she “lost it”, pushing him out of the room because she was scared.

Waygood’s operations manager Lisa Tolan also told the tribunal she had felt “uncomfortable” at another meeting with Mr Qu’ret where the artist had decorated the room with some plants and a self portrait.

Mr Hunter’s judgement ruled Ms Smith’s case for dismissing Mr Qur’et was “inherently weak”.

It read: “There are many possible reasons why Helen Smith lost her composure and her temper. We heard evidence that she had bullied other staff, the implication being that she was prone to lose control.

“We are satisfied that her explanation that she became frightened of the claimant and fearful for her safety is untrue.

“The evidence shows that they were well-known to each other and at ease in each other’s company.

“That Helen Smith should suddenly develop a fear and distrust of the claimant that was irreconcilable and permanent as a result of the looks he gave her during this conversation is entirely lacking in credibility.” On Lisa Tolan, Mr Hunter said: “We do not believe that she was afraid of the claimant.

“The evidence she gave that he had intimidated her by the tone of his voice in a telephone message, putting plants in a meeting room and displaying a sketched portrait, bordered on the ridiculous.”

After the ruling Mr Qur’et said: “This has been a horrible experience. It is a huge relief to receive this judgement vindicating my claim that my dismissal from Waygood was unfair.

“I have said all along this is an indication of a larger problem. I think questions have to be answered by the board and I think a resignation has to come out of this. Helen Smith herself must now consider her position.”

A spokeswoman for Waygood said: “The tribunal’s analysis agreed with the board’s findings that the relationship between Mr Qur’et and other members of staff had irretrievably broken down and that this was not trivial.

“Waygood takes its responsibility to staff and studio artists very seriously and is disappointed with the tribunal’s ruling that Mr Qur’et’s subsequent dismissal was unfair. Waygood is taking legal advice on the merits of appealing this decision.”

Waygood takes its responsibility very seriously and is disappointed with the tribunal’s ruling