The general manager of Irish Life and Permanent, Mr Joseph Harrington, yesterday secured a High Court order preventing the company hearing allegations of gross misconduct against him pending the outcome of his legal proceedings against it.

Mr Justice Kelly granted Mr Harrington, of Strand Road, Sandymount, Dublin, an interlocutory injunction that restrains the disciplinary meeting being held until Mr Harrington's High Court action against the company concludes.

A series of disputes between Mr Harrington and his company culminated in him issuing the proceedings last March.

In a reserved judgment, the judge said Mr Harrington claimed the attempt to hold a disciplinary meeting was an unlawful attempt to interfere with his rights to have his action heard.

Mr Harrington also contended the company intended to dismiss him and that the disciplinary meeting, despite having all the appearance of being in accordance with fair procedure, was nothing more than a contrivance. The company rejected that and claimed that, far from wishing to dismiss him, only a few months ago they alerted him as to the existence of promotional opportunities.

The company had also urged the court not to grant the injunction because it would mean Mr Harrington, who has been on paid leave for some considerable time, could perpetuate that situation in circumstances where the employer's rights had to be respected in dealing with an employee which it was alleged had not co-operated or behaved in a reasonable manner.

Mr Justice Kelly said he was satisfied Mr Harrington had shown the matters which were now the subject of the proprosed disciplinary hearing were already being dealt with by the High Court. It was not open for the company to embark on a disciplinary hearing.

Mr Harrington had also demonstrated there was a serious issue to be tried concerning his allegation that the proposed disciplinary hearing was a contrived exercise.