Court to rule on injunction to stop manager's dismissal

THE HIGH Court will rule next week whether to grant the general manager of the Citywest Hotel in Dublin an injunction restraining…

THE HIGH Court will rule next week whether to grant the general manager of the Citywest Hotel in Dublin an injunction restraining his dismissal pending the outcome of his full legal action against his employers.

John Glynn (59) claims Sean Whelan, chairman of the Jim Mansfield Group which owns Citywest, had been trying to undermine him since last May and that he was dismissed on Christmas Eve without any proper reasons given.

Mr Glynn claims he is the victim of a “concerted action” by the defendant to remove him for reasons he is not even sure of.

In an affidavit rejecting those claims, Jim Mansfield said Mr Glynn was removed from his role due to his own failings and had been offered an alternative position which was turned down.

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At no stage was it agreed Mr Glynn was to be in sole charge of the hotel and conference centre, and Mr Glynn was deeply mistaken in his belief he was not obliged to report to or take instructions from Mr Whelan, Mr Mansfield added. Mr Justice Sean Ryan will rule next Friday on Mr Glynn’s application for a continuing injunction preventing his removal as hotel general manager.

Yesterday, John Traynor, for Mr Glynn, Chequer Hill, Barnaslignan Lane, Kilternan, Dublin, said his client had been appointed manager of one of the biggest hotels in Europe and had been without salary since his dismissal which was effected without any proper reasons being given and in breach of fair procedures.

Mr Glynn was first appointed general manager of Citywest in 1998 and claims he successfully operated the venue until 2005 when he left to become manager of the Clayton Hotel in Galway in which he also invested. In August 2008, Mr Mansfield and his wife Anne Mansfield persuaded him to return as general manager of Citywest, he said.

Mr Glynn said a dispute arose between him and Mr Whelan relating to traffic management issues at the Disney on Ice show before Christmas and Mr Whelan wrote a letter accusing Mr Glynn of acting unprofessionally and demanding an apology. Mr Glynn said he discussed this with his management team who, he said, agreed the letter was uncalled for. He tore it up and returned the pieces to Mr Whelan in “a moment of weakness”. Mr Mansfield later informed him Mr Whelan was taking legal advice over the incident. Three days later, he was told by Mr Whelan, following a meeting with members of the Mansfield family, it had been agreed he would be dismissed.

Opposing the injunction, Michael Howard, for the defendants, argued Mr Glynn had not made out a fair issue to be tried and there was a serious factual dispute between the parties. The balance of convenience was against granting the injunction and, if Mr Glynn won his full action, damages would be an adequate remedy, he added.

In an affidavit, Mr Whelan denied any breach of fair procedures or that his conduct was unprofessional. Mr Glynn’s employment with Citywest, where he was hired to bring in business to the hotel and conference centre, was not a success due to his own failings, Mr Whelan added. He told Mr Glynn in November 2009 he was not happy and gave him a month to improve the situation or he would be dismissed.