TV3 has secured an interim High Court injunction until tomorrow restraining its news anchor woman Claire Byrne from performing any broadcasting duties for NewsTalk 106. The injunction was granted yesterday by Mr Justice Thomas Smyth.
The order was made against Ms Byrne, Mountrath, Co Laois, and News 106 Ltd, on an ex-parte basis. Only one side was represented. It continues until tomorrow when the case returns to court and it is expected that the defendants will be represented.
In the proceedings, TV3 is seeking to restrain Ms Byrne from performing, pending the outcome of legal proceedings over the extent of her contractual obligations or without the prior consent of TV3, any broadcasting or other duties on behalf of NewsTalk 106. It also claims NewsTalk 106 induced a breach of contract by Ms Byrne when it was aware of her obligations to TV3.
TV3 Television Network company executive Andrew Hanlon, in an affidavit, said Ms Byrne was currently employed by his company and had a written contract with them signed by both parties on March 3rd, 2004.
Part of the contract stated: "You are expected - unless prevented by illness - to devote the whole of your business time and attention to your position with TV3 and shall not, without the express agreement of the company in writing, carry out any other trade or business during the duration of this agreement.
"You shall not perform any freelance work or engage in any related activity for a television or radio station located within the broadcast territory serviced by the company or located outside the broadcast territory due to spill-over unless approval is granted by the director of news."
On August 25th last, Ms Byrne phoned him and told him she had been offered a presenter's job by NewsTalk 106 and she was formally resigning her position, he said. She said she had decided that she wanted to pursue the opportunity. She advised him that she would like to leave TV3 as soon as possible.
Mr Hanlon said he told Ms Byrne on August 31st last that the company would require her to comply with the full notice terms of her contract as it would need to make several internal staff changes and possibly recruit new staff by reason of her departure.
He said she accepted this but was disappointed as she would not be able to join Newstalk 106 on its launch date of October 2nd.
A written resignation was received on September 14th, Mr Hanlon said. She had been advised that TV3 was withdrawing any permission previously granted to her under clause 9 of her contract until the expiry of her contractual obligations.