AN order preventing the removal managing director of BIC (Ireland) Limited, was granted in High Court yesterday.
The President of the High Court, Mr Justice Costello, granted an interlocutory injunction to Mr Mervin Phelan of Bramberg, Shielmartin Road, Sutton, Co Dublin. In an affidavit, Mr Phelan said he held the position of managing director since 1972.
Mr Phelan, who was stated to have a 12 per cent interest in the company, which has registered offices at Landsdowne Road, Dublin, is alleging that the purported termination of his employment and purported removal as managing director of the company on December 6th, 1996, is null and Mr Phelan is suing Biro BIC Limited, Park Royal, London; Societe and Mr Robert MacDonald, both of Clichy, France.
Mr Ercus Stewart SC, for Mr Phelan, said his client's contract had been invalidly terminated.
Mr Justice Costello said the issues arose from a meeting of December 6th last at which Mr Phelan's position as managing director was terminated.
Mr Justice Costello said the defendants in this case were not making any allegations of misconduct and he must accept that the position was being terminated because the defendants did not need a managing director any longer.
Granting the interlocutory injunction, Mr Justice Costello said he was satisfied that there was a fair issue to be tried as to the legality of the purported termination. He would make no finding in this matter since a final decision would have to await the trial of the action.