Reporter’s case over Virgin Media disciplinary decision set for mediation

Judge says Paul Byrne’s High Court action against broadcaster can be adjourned for a month

Paul Byrne: Virgin Media television's southern correspondent is suing his employer, seeking various injunctions over what he claims is a flawed disciplinary process against him.
Paul Byrne: Virgin Media television's southern correspondent is suing his employer, seeking various injunctions over what he claims is a flawed disciplinary process against him.

Broadcaster Paul Byrne’s High Court action over the decision by Virgin Media television to bring internal disciplinary proceedings against him have been adjourned after the sides agreed to mediate the dispute, the court has heard.

Mr Byrne, who is the broadcaster’s southern correspondent, has sued his employer, seeking various injunctions over what he claims is a flawed disciplinary process against him.

The claims are denied.

The matter was mentioned before Mr Justice Mark Sanfey on Tuesday. He was told the matter could be adjourned for a month as the parties had agreed to try to mediate the dispute.

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The judge, who had previously suggested the sides seek to resolve their differences outside of court, agreed to put the matter back to a date in June.

The court previously heard that Mr Byrne was suspended from his role following a live report he made on the afternoon of February 9th last concerning the death of a young boy in Co Waterford.

Mr Byrne, the court heard, had stated that one line of inquiry being considered by the Garda as part of the investigation into the child’s death was that the boy had allegedly been drowned and placed into a car.

The claim was published after Mr Byrne checked it with at least two credible sources, and after two other media outlets had published the same information.

While he had believed the information to be credible, it later turned out not to be true.

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Shortly afterwards, he claims, his employer suspended him for allegedly breaching the broadcaster’s news guidelines and production handbook, because he had failed to speak to his line manager about the matter in advance of the broadcast.

The disciplinary process, he claims, could result in his dismissal for alleged gross misconduct.

He denies any wrongdoing and claims that the process activated by his employer is flawed, punitive, disproportionate and should be set aside. He also claims that the process lacks credibility and is in breach of his contractual rights.

As part of the process, he says he was asked to attend a disciplinary hearing which he claimed he was unable to do on medical grounds. He fears that the outcome of that meeting, which was put on hold after proceedings were commenced, could have had serious repercussions for his employment and reputation.

As a result, he commenced proceedings before the High Court last seeking an injunction restraining Virgin Media Ireland Ltd, and Virgin Media Television Limited from continuing the disciplinary process against him.

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He also seeks orders requiring the defendants to pay his salary and benefits, lift his suspension and not appoint anyone to carry out his duties.

The court heard that, in correspondence, the defendants reject Mr Byrne’s claims against both them and the disciplinary process itself. They said that, given its role as a public broadcaster, Virgin deems the alleged breach as being “serious in nature” and informed him that “steps needed to be taken to avoid a repeat”.