The High Court has granted a sales manager an order restraining his dismissal from Cadbury Ireland Limited for allegedly verbally abusing his superior at a gala dinner.
Because Kevin Costello has submitted an application for early retirement, Mr Justice Thomas Smyth said he would put the matter in for review on August 23rd next. If issues relating to Mr Costello's pension were determined in his favour in the meantime, the injunction would cease, the judge said.
The action arose after Mr Costello, a sales executive of Pinewood Park, Rathfarnham, Dublin, told his area sales manager, Graham Kidd, "I want to get this off my chest, you're a little bollocks."
In an affidavit, Mr Costello, who is in his early 50s, said the comment was meant to be a joke. However, he now realised his superior did not take his comment in that manner.
He apologised for the comments at the earliest opportunity, he said.
Stephen Dillon, field sales manager for Cadbury's, said that on February 6th, 2006, he received a complaint from Mr Kidd to the effect that the plaintiff had made an offensive remark towards him at the company's gala dinner on the night of February 3rd.
The remarks were made in the presence of other retail sales executives who were seated at the table and their partners.
Mr Michael Howard SC, for Cadbury's, submitted the firm had followed proper procedures.