The managing director of a welding firm has secured an interim High Court injunction halting an allegedly unlawful disciplinary process which he says is designed to dismiss him.
Sean Ryan, managing director of Castolin Eutectic Ireland Ltd, of Citywest in Dublin, says the disciplinary process was initiated while he was on sick leave due to a severe and sometimes debilitating condition he suffers from.
Castolin, which provides welding for heavy industry, was founded in the 1960s and sold in 2021 to German private equity group, Paragon Partners. It has 80 employees in Dublin.
In an affidavit, Mr Ryan said he has been on certified absence from work since March 24th and, due to his illness, was only aware that steps were taken three days later to initiate an investigative process against him.
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He says the allegations against him are generic in nature and wholly unparticularised.
He believes it relates to alleged failures, which he says he was not responsible for at the time, surrounding information to a number of employees regarding medical assessments they underwent.
These assessments were due to the nature of the welding business which involves exposure to dust, chemicals and potentially dangerous metals, in particular nickel.
He believes he is now being scapegoated given it is likely that the employees involved will seek to bring proceedings against the company.
As a result of adverse findings against him while on sick leave, he was suspended and he was also removed as a director on foot of a public announcement.
He says he is not guilty of any wrongdoing and that the disciplinary process was devoid of fair procedures and due process.
After becoming aware an investigation had been launched against him, on April 2nd he wrote to Anne Morgan, group data protection and compliance officer, who had written first advising of the investigation, asking that no action be taken until he was medically fit to engage.
Within the same day, Berthold Jansen, the company’s group compliance officer in Frankfurt, issued a letter stating the investigation process had now concluded and would move to a disciplinary process which could result in action up to and including dismissal for gross misconduct.
He was also suspended, even though he was out sick, he says. A disciplinary hearing was scheduled for Friday, April 11th.
Following a one-side only represented application from his barrister, Mairéad McKenna SC, instructed by Donal Spring & Co Solicitors, Mr Justice Brian Cregan granted an interim injunction restraining the company from holding the disciplinary hearing and from taking any steps to interfere with his employment pending further order.
The judge, who commented that the series of events “sound extraordinary”, also asked who was “the person driving this”. Ms McKenna said they believed it was Mr Jansen in Germany.
The judge also gave counsel permission to serve notice of the proceedings on Mr Jansen and adjourned the matter to after the Easter vacation.
