A HARBOUR master has secured a High Court injunction preventing his purported dismissal from his position in Co Kerry.
Yesterday at the High Court Mr Justice Bryan McMahon granted Michael O’Carroll an interim injunction restraining Tralee and Fenit Harbour Commissioners from taking a decision to dismiss him from his position as harbour master.
The judge said that in the circumstances, the granting of an injunction seemed appropriate. Mr Justice McMahon, who granted the injunction on an ex-parte basis (one side only), made the matter returnable to a sitting of the High Court early next month.
Mark Connaughton SC, for Mr O’Carroll of Ard Na Lí, Oak Park, Tralee, Co Kerry said his client had reluctantly come to court in order to stop the commissioners from taking a decision to terminating Mr O’Carroll’s employment.
Counsel said his client believed the decision to dismiss him would be made at a meeting due to take place on May 27th next. Counsel said any purported decision to dismiss Mr O’Carroll, who has been in his position since 2004, was unlawful and in breach of fair procedures.
Counsel said there had been issues between his client and the commissioners. His client had been suspended on full pay since last August. Earlier this month his client was informed that he was to be suspended without pay.
Counsel said a report had been carried out, by a human resources consultant at the behest of the commissioners, to justify the decision to suspend his client on full pay.