An order for the imprisonment of a former human resources manager of the Irish Nationwide Building Society was set aside at the High Court yesterday.
Ms Sharon Vize and Irish Nationwide chief executive, Mr Michael Fingleton, were ordered to be imprisoned for contempt of court last August. However, a stay was put on those orders after certain undertakings were given.
The committal orders were sought after a complaint that Irish Nationwide had breached court orders made last May in favour of Mr Sean Martin, of The Commons, Belturbet, Co Cavan, who is the manager of the society's branch in Cavan town.
At the August 3rd court hearing, it was claimed that Ms Justice Macken had, on May 18th, ordered that Mr Martin be retained as branch manager until the trial of an action brought by Mr Martin against Irish Nationwide. Ms Justice Macken also restrained Irish Nationwide from appointing anyone in Mr Martin's place.
It was also alleged that, since May 18th, on grounds that Mr Martin had carried on alternative employment as an auctioneer and because he was allegedly under achieving as manager, the society had proceeded, mainly in his absence, with a disciplinary procedure which had resulted in his receiving a letter of dismissal.
Mr Justice Kelly, who heard the case on August 3rd, said it was inconceivable that anybody could have been in the slightest doubt as to the effect of Ms Justice Macken's order.
He made orders committing Mr Fingleton and Ms Vize to prison and said he would appoint sequestrators over the society assets. Following undertakings on behalf of Irish Nationwide about the continued employment of Mr Martin, Mr Justice Kelly put a stay on his orders.
Yesterday, lawyers acting on behalf of Irish Nationwide and Mr Martin consented to the setting aside of Mr Justice Kelly's committal order against Ms Vize.
Mr David Barniville, for Ms Vize, said his client had left the employment of Irish Nationwide on February 26th and had had no knowledge of the proceedings taken by Mr Martin. Before Christmas last year, Ms Vize had had certain dealings in relation to disciplinary proceedings against Mr Martin.
His client learned of the committal order in a newspaper report of the August 3rd High Court hearing. Her solicitor, Mr Brian O'Brien, was then in contact with solicitors for Mr Martin and Irish Nationwide. Unfortunately, that correspondence got nowhere, even though Mr O'Brien had requested the matter should be rectified.
Mr Barniville said the society had failed at the August 3rd hearing to bring to Mr Justice Kelly's attention that Ms Vize was no longer an employee and that she had nothing to do with the order made by Ms Justice Macken.
The President of the High Court, Mr Justice Morris, set aside the committal order against Ms Vize and ordered Mr Martin and the Irish Nationwide to pay her legal costs.
He could not understand why the Irish Nationwide, knowing that an improper order was being sought, was not concerned to ensure that the court was informed that Ms Vize was no longer in the its employment.