THE HIGH Court yesterday refused the chief executive of Roscrea Credit Union, Raymond McCarthy, an injunction restraining his dismissal.
Roddy Horan, senior counsel for the credit union, said Mr McCarthy had not been dismissed for any issue of gross misconduct, and told the court “mismanagement would probably be an appropriate word”. While he had been put on suspension with pay last June and had withdrawn from a disciplinary procedure in the same month, he had been dismissed within the express terms of his contract of employment, which permitted dismissal on four weeks’ notice.
He said Mr McCarthy (49) had undergone major heart surgery and his medical adviser, cardiologist Niall Mulvihill, had stated he would not be in a state of health whereby he could participate in any further disciplinary process until at least mid-2011.
Mr Horan said Mr McCarthy was seeking specific performance of his contract despite the fact that he would not be fit to perform the contract, which was fatal to his application for an injunction.
Mr Horan said the credit union board had not put in an affidavit replying to Mr McCarthy’s evidence on the grounds it had nothing to justify.
Marguerite Bolger, for Mr McCarthy, said his employment had been terminated by letter on November 22nd.
Ms Justice Maureen Clark said detail of the board’s inquiry on Mr McCarthy had not been referred to in his affidavit before the court.
Ms Bolger said a disciplinary process had been put on hold when Mr McCarthy had gone on sick leave up until the November 22nd letter. Prior to the court proceedings he had sought undertakings for the withdrawal of the dismissal, non-interference with his salary and non-publication of the dismissal. She agreed there was provision in his contract of employment for summary dismissal.
Ms Justice Clark said she would not grant an injunction restraining his dismissal on the grounds of gross delay in dealing with the matter. There had been much correspondence and little activity since June. She said Mr McCarthy was not fit to do his work and would be unable to give the credit union any undertaking as to damages in the event of his losing his case. She would direct an early hearing of the case with a recommendation that the parties seek to settle their differences by way of mediation.