TV3 has secured a High Court order restraining its news anchor Claire Byrne from performing any broadcasting duties for Newstalk 106 until the end of November.
Ms Byrne told the court in an affidavit that the true purpose of the TV3 proceedings was to punish her for leaving the station, and to damage her. Ms Byrne had already worked for Newstalk on 26 occasions with TV3's permission before the "vindictive" decision by TV3 to withdraw that permission last month, Mr John Gordon SC said.
Mr Justice Thomas Smyth also yesterday granted TV3 a further order restraining Ms Byrne from working on any TV or radio station until February 2007.
After the hearing, Ms Byrne, who was co-presenter on the Newstalk 106 breakfast show as well as senior news anchor on TV3, said she was disappointed with the court's decision.
"My intention was to keep both sides happy," she said. "I will be in TV3 today to do my work. I am completely welcome at TV3 and there are no personal issues. I do not operate like that and TV3 does not either."
In granting the injunction, Mr Justice Smyth said there was a fair issue to be tried between the sides. He said that when TV3 senior executive Andrew Hanlon became aware Ms Byrne was to go to Newstalk, he was concerned a valuable employee was about to part.
Ms Byrne's skills were highly valued, she was regarded "as an asset, not just as an object" to TV3, the judge said. "People do follow particular personages in the entertainment business and to ignore this is to ignore reality. I don't want to diminish or trivialise the career of Claire Byrne. People do have a drawing power and whether it has real meaning is not for me to say."
The judge said he expected to set a date in November for the full hearing of the proceedings between the sides and made directions for the exchange of legal documents prior to that.
TV3 had sought 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 sought to restrain her from working on any other TV or radio station for three months after her notice at the station has expired. This condition, TV3 contends, is part of a covenant in her contract of employment.
Mr Gordon said the only possible reason that could be ascertained from TV3's proceedings was to vindictively punish Ms Byrne. On the day before she gave notice of her resignation from the station, TV3 issued a press release announcing in happy terms her replacement and saying she was leaving to begin a new life on radio.
Mr Michael Howard SC, for TV3, said it has allowed Ms Byrne to continue to discharge her duties in the station's top slot, where she built her name. When she had been allowed to go on Newstalk, it was never for the purpose of establishing a slot but for "standing work". TV3 wanted a smooth transition without damaging viewership.