The High Court has dismissed a challenge by Capt Sean Histon to his removal from the post of harbour master with Shannon Foynes Port Company.
Mr Justice Smyth yesterday refused to grant a declaration that Capt Histon's removal was without ministerial sanction, in breach of a section of the Harbours Act, and, accordingly, null and void.
He also refused an injunction restraining the company from threatening or taking disciplinary action against Capt Histon for refusing to accept conditions of service and terms of office other than those of harbour master.
However, the judge ruled that Capt Histon was entitled to a pension of 36/60ths of his salary, and directed that other issues relating to his pension be dealt with in court in November.
Capt Histon (62) was harbour master at Foynes port for 25 years, having been appointed in 1975 by Foynes harbour trustees. In 1997, Foynes harbour was vested in the new Foynes Port Company, to which staff were transferred. Following further legislation in 2000, staff were transferred to Shannon Foynes Port Company.
Mr Justice Smyth said he was satisfied the office to which Capt Histon had been first appointed was subsumed and abolished and ceased to exist by operation of law. This did not mean his pay or pension would be less or that he might not have expected to retire as a member of staff at age 65.
The judge said a Capt Nash was appointed interim harbour master of the defendant company for six months. The head office of the company was to be in Foynes, not Limerick. He was satisfied, added the judge, that Capt Histon made it clear he was not going to be a subordinate but also indicated he would help Capt Nash as far as possible.
Capt Histon applied to become harbour master for the harbours in the control of the defendant company and was unsuccessful.
Following correspondence, proceedings issued in September 2001. Capt Histon submitted that he was the holder of an office from which he could not be dismissed save by the relevant minister. In his judgment, said Mr Justice Smyth, Capt Histon ceased to be the holder of an office where his removal would require the consent or approval of the relevant minister.
The company's warning, final warning and ultimate dismissal of Capt Histon due to his repudiation of his contract of employment were justified in his judgment, added Mr Justice Smyth.