Business

Worker claims he was dismissed following firm’s flawed investigation into false assault claim

Patrick Byrne seeks various injunctions against his employer including an order restraining his dismissal and stopping of his salary and benefits

Patrick Byrne has brought proceedings against his employer, Production Equipment Limited. Mr Justice Mark Sanfey accepts the matter is serious. Photograph: Bryan O'Brien

Aodhan O'Faolain
Thu May 9 2024 - 16:47

A team leader with a firm that provides specialist services for Intel has claimed before the High Court he was dismissed from his job following a flawed investigation into what he says is a false allegation that he assaulted a co-worker.

Patrick Byrne has brought proceedings against his employer, Production Equipment Limited, with a registered address at Riverside Commercial Estate, Tuam Road, Galway.

He denies any wrongdoing and says that rather than assault the other person he was assaulted by his fellow employee.

Mr Byrne claims the other employee’s complaint is an attempt by that person to cause maximum difficulties for the plaintiff.

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Mr Byrne works for the defendant, a controlled environment company, which is contracted to carry out various services for Intel at the tech giant’s site in Co Kildare.

The defendant provides personal protective equipment, clean room management and technical services.

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He claims that for some 20 years he has worked as a subcontractor on the Intel site without incident.

He has worked for the defendant since 2019 in a role that specialises in clean room protocol and procedures.

On Thursday, the High Court heard that Mr Byrne was last month informed by his employer that he was being dismissed over what he claims was “a false allegation of assault” made against him by a fellow employee last March.

He claims the investigation conducted by his employer was “inherently flawed” and made no findings as to what had in fact transpired.

He said that, shortly after the alleged incident, he was suspended from his job and the company commenced an internal investigation.

The outcome of that investigation resulted in a recommendation that Mr Byrne and the other person both be dismissed.

He claims the investigator said in the report that they were “unable to decide” who had been in breach of professional conduct in favour of one or the other of the two people involved in the incident.

Mr Byrne, from Fassaugh Road, Cabra, Dublin, claims he was informed that his employment was being terminated the same day that the investigation report was issued.

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He claims that his purported “extraordinary” dismissal was carried out in breach of his contract of employment, was unlawful, unwarranted and breached fair procedures.

He claims that during the investigation process he was not provided with certain material that he should have been, and that witnesses to certain alleged events were not interviewed.

He also claims the investigation report was unbalanced, biased, prejudiced and gave an incomplete summary of the alleged assault.

He was not given an opportunity to respond to the investigation report before being dismissed and was not given a right to a proper appeal, he also claims.

He claims that the day after he was purportedly dismissed, his co-workers were informed that he would not be coming back to work.

The company he claims was not entitled to dismiss him.

He claims he has been left “devastated” as a result of what has occurred.

As a result, he seeks various injunctions against the employer including an order restraining his dismissal and the stopping of his salary and benefits.

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He also seeks declarations including that he continues to be employed as team leader with the defendant.

He further seeks a declaration from the court that he is entitled to the terms of his contract of employment, fair procedures and natural justice in any process that may lead to the termination of his employment.

The matter came before Mr Justice Mark Sanfey on Thursday, who accepted that the matter was serious.

The judge, on an ex-parte basis, granted Mr Byrne permission to serve short notice of his proceedings on the defendant.

The matter will return before the court later this month.

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