A man who used abusive language to his boss at a gala dinner has begun interlocutory injunction proceedings in the High Court aimed at preventing his dismissal from Cadbury Ireland Limited.
The action is being taken by sales executive Kevin Costello, Pinewood Park, Rathfarnham, Dublin.
In an affidavit Mr Costello said he started employment with Cadbury as a sales representative in February 1978 and remained with the company until his dismissal on March 27th, 2006.
Mr Costello, who is in his early fifties, said that the comment concerned was meant to be a joke, but he now realised that his superior did not take his comment in that manner.
He says in his affidavit that he apologised for the comments at the earliest opportunity.
It is claimed that during the gala dinner on February 3rd, 2006, he had told his boss: "I want to get this off my chest, you're a little bollocks".
The remark, it is alleged, was made in the presence of three other retail sales executives who were at the same table.
Mr Costello's lawyer, Michael McMahon SC, contended that the words in question were used as a form of endearment in some parts of the country.
Michael Howard SC, for Cadbury, submitted that there was misconduct by Mr Costello and the company had followed the proper contractual procedures.
In addition, he said, Mr Costello had not taken the opportunity to appeal to the Employment Appeals Tribunal, as was his right.
He said one of those at the dinner allegedly heard Mr Costello say, after he made the comments involved, that "it was no joke, I meant it".
Mr Costello is also contesting a number of other complaints made against him by some of Cadbury clients.
Mr Justice Thomas Smyth said he would give his judgment today.