An inspector with Iarnród Éireann has secured a temporary High Court injunction preventing his employer from holding a disciplinary hearing into an allegation he stole fuel from the company.
The injunction was granted in favour of Barry McKelvey whose job involves managing employees responsible for maintaining the Dublin to Cork line.
Mr McKelvey was suspended with pay from work last March and is due before a disciplinary hearing being conducted by Iarnród Éireann later this month into allegations he stole fuel for his own use through the misuse of of a company fuel card.
Mr McKelvey, of Ballycleary, Castletown, Co Laois, denies the allegations and says the company is conducting a flawed investigation. He fears he will suffer irreparable harm and argues the disciplinary hearing should not be allowed to commence in its current format.
Injunction
In an attempt to halt the hearing on Wednesday, Mr McKelvey’s lawyers secured a temporary or interim High Court injunction preventing Iarnród Éireann from proceeding with the disciplinary hearing.
Jim O’Callaghan SC, for Mr McKelvey, said his client (39) has worked for the company since 1999. He said his client was informed late last month that the disciplinary hearing was going ahead on Friday.
Counsel said Mr McKelvey wanted to bring a solicitor or barrister with him to the hearing so that those who have made accusations against him can be cross examined. However, the company has refused to allow this.
Mr McKelvey’s solicitors were told that while he is entitled to cross examine his accuser during the hearing, there is no provision in that process allowing him to be represented by a solicitor or barrister.
Counsel said the allegation against Mr McKelvey, which is denied, was “very serious.”
If the claim against him is upheld it would amount to “grave misconduct” and Mr McKelvey could be dismissed from his job.
The temporary injunction was granted, on an ex-parte basis where only one side was present in court, by Mr Justice Richard Humphreys.
The judge adjourned the application to a date later this month.