Aer Lingus is entitled to implement disciplinary procedures against its chief executive, Mr Michael Foley, who has been accused by two female staff members of sexual harassment.
Ms Justice Carroll yesterday threw out Mr Foley's High Court bid to block the State airline's disciplinary process.
The court ruling permits a subcommittee of the Aer Lingus board to complete its determination of the alleged harassment under its complaints procedure.
Ms Justice Carroll rejected Mr Foley's application for restraining injunctions against the board on the grounds he would not obtain constitutional justice and fair procedures and that his career would be destroyed.
She said his work contract allowed Aer Lingus to dispense with his services on a year's notice and, in any case, they would have been entitled to dismiss him after such a period. In the event of the High Court, following a full trial, upholding Mr Foley's claims, she considered the payment of damages to him to be an adequate remedy.
Ms Justice Carroll also held that the High Court process of determining all of the issues relating to Mr Foley's claims could drag on. In the meantime, the State airline would be left bereft of the services of a chief executive officer. She said the effect of such delay on Aer Lingus would, on the balance of justice, far outweigh the effects on Mr Foley as argued on his behalf.
She refused all injunctions sought by Mr Foley and ruled the company was entitled to implement its disciplinary procedure.
Mr Foley has denied the sexual harassment allegations made by a SIPTU worker-director, Ms Joan Loughnane, and a member of Aer Lingus head office staff, Ms Anne Lawlor.
