A Dublin Airport contract worker’s application seeking to restrain DAA from blocking his access to the airport will be heard this week, a High Court judge has indicated.
Colm Dunne’s action against the airport operator is the second set of High Court proceedings arising from an incident in which the IT systems engineer told an Aer Lingus customer services check-in representative to “f**k off”.
On foot of the incident, Mr Dunne was dismissed from his role at ESP Global Services, a company that provides support services under contract to the airport.
Mr Dunne (34), of St Laurence’s Park, Drogheda, Co Louth, brought proceedings against ESP challenging his dismissal. He said he apologised for the remark, and stated that his dismissal was extremely harsh and not proportionate. The dispute was subsequently resolved, and Mr Dunne was reinstated in his role.
However, the High Court heard earlier this week that Mr Dunne had to be reassigned elsewhere within the company because daa had allegedly blocked his return to the airport.
The court heard that DAA, the airport operator, decided that Mr Dunne’s conduct “has fallen below what it considers an acceptable standard and it has withdrawn permission for [Mr Dunne] to work at the airport”.
Conor Power SC, for Mr Dunne, was permitted by Mr Justice Brian Cregan to serve proceedings against DAA for alleged unlawful interference with his contractual and constitutional right to work at the airport.
Mr Justice Cregan on Wednesday reiterated that the case was a matter of urgency. “How is it that an expletive can bring about two sets of High Court proceedings?” he said.
The court heard that DAA is yet to file replying affidavits to Mr Dunne’s action.
Ray Ryan BL, appearing for DAA, said he was seeking time to take instructions in the case. He said that instructions would have to be sought from a number of individuals, and that he was seeking a week to do so.
Mr Justice Cregan said he was minded to hear Mr Dunne’s application, for a short-term order restraining the airport from blocking his access to the airport, on Friday.
The judge told Mr Ryan that his client should file replying affidavits by close of business on Thursday.
The court heard previously the “f**k off” incident happened towards the end of Mr Dunne’s night shift in the early hours of January 27th last, when he was fixing a faulty self-service flight check-in kiosk.
An Aer Lingus customer service representative approached him to fix another kiosk when Mr Dunne said he “regrettably” told him to “go away” and “f**k off”.
Following a complaint, ESP conducted a disciplinary process and less than two months later, after an initial hearing and an appeal before senior ESP management, he was dismissed.
Earlier this week, Mr Power told the court the proceedings brought by Mr Dunne against ESP were resolved, and he was reinstated in his employment with the company.
