Court halts dismissal of Irish Permanent branch manager

The Irish Permanent has been restrained by the High Court from dismissing its Killarney branch manager, Mr Tim Maher, "save in…

The Irish Permanent has been restrained by the High Court from dismissing its Killarney branch manager, Mr Tim Maher, "save in accordance with the company's disciplinary procedure and the principles of natural justice."

Ms Justice Laffoy said serious allegations of misconduct against Mr Maher had not been resolved, and until they were it would be inappropriate to order his reinstatement as manager.

She said he had been appointed manager in September 1985 but was suspended in August 1996 without loss of pay or benefits pending the outcome of an investigation into allegations by some staff members.

Following the investigation he was told he was being dismissed and instituted proceedings against the Irish Permanent in October last year.

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He had received a written warning in October 1991 about breaches of procedure in relation to external accounts and had been demoted to assistant branch manager level for six months.

In February 1996 he had been given a verbal warning arising out of two allegations of sexual harassment. In March 1996 a final written warning was issued.

On August 30th, 1996 union representatives complained of alleged incidents of sexual harassment, bullying, intimidation and operational breaches on Mr Maher's part. They intimated staff members were no longer prepared to work with him and threatened to picket the branch.

He was suspended on pay while allegations of unacceptable behaviour with female colleagues and female customers, 15 allegations of damaging staff morale, and eight of damaging the reputation of Irish Permanent were investigated.

Holding that Irish Permanent had contravened the requirements of fair procedures, Ms Justice Laffoy said nothing in her judgment was intended to be, or should be construed as the expression of any view as to whether the allegations were well founded.