The RTÉ broadcaster Mr Jim Sherwin has taken High Court proceedings over the station's alleged failure to abide by a three-year contract making him the No 1 rugby commentator.
Mr Sherwin, of Delgany, Co Wicklow, who retired from RTÉ in July 2000 after a lengthy career as presenter, reporter, commentator, producer and director, was yesterday given leave to serve short notice on RTÉ of his proceedings.
The matter will come before the court on Thursday.
In an affidavit handed in to Mr Justice Smyth, Mr Sherwin complained that, although the AIB First Division league match between Garryowen and Shannon was the only rugby game broadcast by RTÉ last Saturday, he did not commentate on it.
"This has caused me considerable embarrassment and distress as I have been forced to make excuses to people who expected to see me at the match on March 9th," he said.
He complained that RTÉ had ignored his contract with it by failing to offer him commentary on the game or the choice of commentating on both of the forthcoming European Rugby Cup semi-finals scheduled for April 27th and 28th. .
Instead, he had been told at the beginning of February he would be commentating on the Castres- Munster match in Béziers on April 27th.
Ryle Nugent would provide the commentary the following day in Nottingham when Leicester played Llanelli.
Mr Sherwin said that, through his company, Strathin Enterprises Ltd, he was offered a three-year contract to operate after retirement from RTÉ. There were two years and five months of this to run, he said.
He was extremely upset by the manner in which he had been treated by RTÉ recently and considered this to be part of an attempt to exclude him altogether from broadcasting activities.
Under the deal negotiated with RTÉ, he was required to do all Ireland's international matches and would have "first offer" on other international days when Ireland was not involved, he said.
"It was the clear intention of the agreement that I was to be treated as the No 1 commentator for RTÉ television," he said.
He said Mr Niall Cogley, group head of sport in RTÉ, held strong views on the proper construction of his contract and had made no attempt to sit down with Mr Sherwin and with the appropriate people to clarify exactly what was agreed.