Foley case expected in High Court tomorrow

A full hearing of the injunction proceedings taken by Aer Lingus chief executive Mr Michael Foley against the company over disciplinary…

A full hearing of the injunction proceedings taken by Aer Lingus chief executive Mr Michael Foley against the company over disciplinary proceedings arising from allegations of sexual harassment against him is expected to go ahead in the High Court tomorrow.

Mr Justice O'Higgins yesterday continued until then a temporary injunction granted to Mr Foley last Thursday.

Later yesterday, lawyers for Mr Foley said they had gone to the president of the High Court, Mr Justice Morris, and were told he would find a judge for a hearing tomorrow of an application for an interlocutory order.

If granted, such an order would continue pending the determination of Mr Foley's proceedings against Aer Lingus.

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The temporary injunction granted last week prevents Aer Lingus taking any further steps in a disciplinary process concerning Mr Foley.

On May 18th last, he was advised in a letter from the company not to come into the office after a subcommittee of the airline's board upheld two sexual harassment claims made against him.

Yesterday, Mr Eoin McCullough, for Mr Foley, said his side had received five affidavits from Aer Lingus earlier in the day which would need to be replied to.

He was seeking an adjournment of the proceedings until tomorrow with the temporary injunction to remain in place.

His side was very anxious the matter should be heard and disposed of at the earliest possible opportunity.

Mr Paul Sreenan SC, for Aer Lingus, said the most damaging allegations had been made against the Aer Lingus chairman (Mr Bernie Cahill) and the company in the proceedings, which allegations, his clients stated, were untrue.

The allegations had received widespread publicity and had done a lot of damage to third parties.

Counsel added Mr Foley had agreed to participate in certain disciplinary proceedings that were not yet complete.

The first step had been completed with an adverse finding. The next step was to decide what sanction if any to impose.

Mr Foley had sought to "freeze" the situation. The company had 6,000 employees and could not afford to have the matter hanging over it indefinitely.

Mr Sreenan said he was instructed not to consent to an adjournment.

If the proceedings were to be put back, he would ask that any replying affidavit (by Mr Foley's side) be served by close of business today so they could be heard tomorrow.

Mr Justice O'Higgins said his court could not take the case this week but counsel could apply to the president of the High Court to see if he could assign a judge to it.