Irish Rail manager secures injunctions preventing suspension
Posted on 24th April 2019 at 22:54
Manager claims company has no right to remove him from his existing role
A manager with Iarnród Éireann has secured a temporary High Court injunction preventing his employer from suspending him without pay.
The action has been brought by Thomas Hayes, who has worked with Iarnród Éireann since 2010 as its building and facilities maintenance manager south.
He brought proceedings after the company informed him he was to be suspended for not attending or co-operating with internal disciplinary proceedings over his refusal to move from his current contracted role to another position with Irish Rail.
He claims the company has no right to remove him from his existing role and force him to take the alternative position as maintenance manager of the Dublin division.
At the High Court, Mr Hayes, represented by Jim O’Callaghan SC and David O’Brien, secured orders preventing Irish Rail from suspending him without pay.
Seeking the injunction, counsel told the court it is his client’s case the company’s attempt to force Mr Hayes, of Rustic Road, the Grange, Waterford, to move to another role is in breach of his contract of employment.
The interim injunction was granted on an ex-parte (one side only) basis at the High Court on Tuesday by Mr Justice Michael McGrath, who said he was satisfied to make an order preventing the company from suspending Mr Hayes without pay.
The judge adjourned the matter tor next week.
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