The chief executive officer of a private clinic in Galway has secured a conditional High Court injunction preventing his dismissal pending the outcome of a full hearing of his action against the clinic.
Mr Justice Frank Clarke granted the injunction yesterday to Paraic Bergin, of Brookfield, Mullingar, Co Westmeath, against Galway Clinic Doughiska Ltd, which employs 360 people at Doughiska, Galway. The injunction applies pending the determination of the full action between the sides which, the judge stressed, should be heard as quickly as possible.
Given the breakdown of relations between the sides, the judge said he would not on the balance of convenience require the clinic to operate through a CEO in relation to whom acrimonious court proceedings were ongoing.
He instead made an order effectively permitting the clinic to appoint someone else to perform the functions of CEO but only on the basis that, if Mr Bergin wins his full action, he will then be able to resume his duties.
Noting that the provisions of Mr Bergin's contract allow for the clinic to terminate his employment at three months' notice, the judge also said the clinic was not restrained from initiating that termination process. The validity of any such termination could be addressed later. The full hearing should take place before the three-month period expired, the judge added.