The High Court heard today there is a real and substantive risk Aer Lingus chief executive Mr Michael Foley will be dismissed from the company if an injunction blocking further disciplinary proceedings against him is not upheld.
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Aer Lingus chief executive Mr Michael Foley.
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Miss Justice Mella Carroll is expected to make a judgment tomorrow morning.
Today the court heard Mr Foley's counsel Ms Mary Irvine SC say it would be "cold comfort" to her client if he was told ex post-factothe airline did not have the right to dismiss him without first giving him the right to appeal.
If Mr Foley's right were to be subsequently vindicated he would remain "unmarketable, his good standing would be destroyed and this would not be compensatable in damages".
The High Court is hearing an application by Mr Foley for the continuation of an injunction against Aer Lingus. Last week he secured an interim injunction against the airline following an effective suspension after he was found by an Aer Lingus sub-committee to have sexually harassed two female colleagues.
He has denied this.
Opposing the continued injunction against the firm, counsel for Aer Lingus Mr Paul Gallagher SC said Mr Foley has no right to demand a full hearing as outlined in the terms of his contract with the airline.
Referring to a "conspiracy allegation" by Mr Foley that Aer Lingus board members and complainants were in collusion, Mr Gallagher told the court the company had given Mr Foley an opportunity to explain himself.
Mr Gallagher said Mr Foley declined to support the allegation with any evidence after having been given the opportunity to do so.