Foley stays out of work as legal team plans action

Aer Lingus chief executive Mr Michael Foley stayed away from work yesterday after his effective suspension on Friday.

Mr Foley has been given until the close of business on Friday to engage with a board sub-committee assessing a report which upheld two complaints of sexual harassment against him.

The airline's chairman, Mr Bernie Cahill, will brief the Minister for Public Enterprise, Ms O'Rourke, on that report this morning.

Pending the deliberation of the sub-committee, the senior executive team is answering directly to Mr Cahill.

The sub-committee met last Friday and advised Mr Foley that he was not required to attend work or carry out his duties while its deliberations were pending. It is understood not to have met since.

When it effectively suspended Mr Foley, the sub-committee is believed to have advised him that he could make a verbal or written presentation to it within one week.

It is understood Mr Foley's team has not been in formal contact with the sub-committee since receiving the letter.

Asked whether Mr Foley planned to engage with the subcommittee, the spokesman said he was still examining all his options with legal and other advisers. Nothing had been ruled out.

Sources close to the process expect Mr Foley to meet the sub-committee or write to it this week. Only then would the subcommittee conclude its deliberations. Mr Foley will have 48 hours to appeal its deliberation.

The spokesman declined to comment when asked why Mr Foley had stayed away from work. He said Mr Foley remained determined to clear his name.

The airline's code on workplace behaviour and standards defines sexual harassment as "unwanted conduct based on a person's gender, which is offensive to the recipient and which might threaten a person's job security, or create an intimidating working environment". It said examples of sexual harassment could include verbal, physical or visual actions.

Mr Foley argues natural justice was not served in the report, claiming its findings were "perverse" given the weight of evidence presented to the inquiry.

The report was produced last week by a separate investigating sub-committee, whose members are Dr John Keane and Ms Rose Hynes. Its findings were "not favourable" to Mr Foley.

The inquiry was established in February after an Aer Lingus worker-director, Ms Joan Loughlane, alleged sexual harassment against Mr Foley. It also investigated a separate allegation of sexual harassment made in March by a staff member at Aer Lingus headquarters in Dublin Airport.

The sub-committee considering that report has been empowered to take whatever action it deems necessary, with the full authority of the Aer Lingus board. This means its deliberation can be made without referring first to the airline's other directors.

Described by sources as a "disciplinary sub-committee", its members are Mr Des Richardson, Mr Chris Wall and Mr Patrick Wright.

Mr Richardson is a director of the recruitment group Marlborough International and Mr Wall is a business consultant. Mr Wright is chairman of the RTE Authority and a former executive at the Smurfit group.

In a letter to Aer Lingus last Thursday, Mr Foley called for an appeal to be conducted by a nominee or nominees of the Bar Council or Law Society.