Nationwide manager faces fresh inquiry

The Irish Nationwide Building Society (INBS) home loans manager who secured an injunction last month stopping his suspension …

The Irish Nationwide Building Society (INBS) home loans manager who secured an injunction last month stopping his suspension over loans to solicitors Michael Lynn and Thomas Byrne is facing a fresh disciplinary investigation, the High Court was told yesterday.

The society says the planned investigation will be independent and fair.

Brian Fitzgibbon secured the order restraining his suspension last month after the court found there was a lack of clarity in the INBS's original disciplinary procedures invoked against him.

The injunctions were to remain in place until the full hearing of the complaint by Mr Fitzgibbon (41), Liscahill, Thurles, Co Tipperary, who has accused the INBS of scapegoating him over loans to Mr Lynn and Mr Byrne.

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When ordering last month that the then proposed disciplinary meeting should not take place, Mr Justice Frank Clarke also ruled that any future proceedings taken against Mr Fitzgibbon should be independent of the INBS managing director, Michael Fingleton.

The judge was also satisfied Mr Fitzgibbon had made a strong case that the first investigation was motivated by an attempt to "deflect attention away from senior management" in relation to the Lynn/Byrne loans.

The case had been adjourned until yesterday to allow Mr Fitzgibbon file a statement of claim and for the INBS to submit its defence.

The court heard yesterday that the previous disciplinary procedure, which was effectively stopped by the injunction, had been replaced with a new one which, the society contends, is fair and impartial.

Mr Fitzgibbon had only recently received details of this inquiry and his lawyers had not had an opportunity to consider the nature of it, Mr Justice Clarke heard.

The judge granted a further adjournment to January 14th to allow Mr Fitzgibbon consider correspondence he received in relation to the new disciplinary procedure.

Earlier Marguerite Bolger, for Mr Fitzgibbon, said her client was very anxious to get the case on as it included the matter of damages to his reputation arising out of certain media reports.

Mr Fitzgibbon wanted to proceed to trial notwithstanding the new disciplinary procedures, counsel said. Those procedures might have to be brought to the court's attention within the context of its previous order restraining INBS from continuing the earlier disciplinary action.