Two bricklayers who claim they were not recalled to work at a site because of "false allegations" made against them have failed to secure a High Court injunction restraining their employer from dismissing them.
Arthur McArdle (59), Tymon Crescent, Old Bawn, Tallaght, and his son Aidan McArdle (35), The Walk, Millbrook Lawns, Tallaght, had sought the injunction against Laragan Developments, Strokestown, Co Roscommon, pending the outcome of full court proceedings.
Both men sought interlocutory injunctions restraining the company from terminating their employment and directing that they receive payment for the weeks which have expired since they were laid off by the company. They also want an investigation into why they had not been recalled to work at the Laragan site in Carrickmines after they were temporaily laid off and contend other workers who were also laid off with them have all been rehired.
Yesterday, Mr Justice Thomas Smyth said he was not prepared to grant the injunctions at this stage as that would effectively decide the full case.
While there was a serious conflict of evidence, the judge noted that the parties were prepared to have the matter arbitrated by a rights commissioner, once one became available.