INBS manager says disciplinary details are being withheld

An Irish Nationwide Building Society (INBS) manager who got a High Court injunction preventing his suspension over loans to solicitors Michael Lynn and Thomas Byrne has claimed he is not getting proper details of allegations made in new disciplinary proceedings against him.

Brian Fitzgibbon, homeloans manager with INBS, was granted a court order last November preventing a disciplinary meeting from taking place after Mr Justice Frank Clarke found there was a lack of clarity to the procedures being used by INBS.

The order was to remain in place until the full hearing of proceedings brought by Mr Fitzgibbon, Liscahill, Thurles, Co Tipperary, over what he alleged was the "scapegoating" of him over loans to Mr Lynn and to Mr Byrne.

Yesterday, John Gordon SC, for Mr Fitzgibbon, said the INBS had failed to provide a proper written outline of what was to be alleged against his client.

Although there had been reference in the original proceedings against Mr Fitzgibbon to dealings with three named people, including solicitors Lynn and Byrne, it was now suggested that any investigation would be dealing with 100 files relating to residential and commercial mortgages, counsel said. Mr Gordon said his client was also concerned that, after being investigated by an independent person, the matter would then be passed on to INBS executive director John Purcell.

Ercus Stewart SC, for INBS, said Mr Fitzgibbon was fully aware of the files he would have to address in what would be a "pre-disciplinary" process. It would be up to Mr Fitzgibbon to give his view of these files to the independent person.

Mr Fitzgibbon had failed to even respond to a request to nominate one of three proposed independent people to deal with the case, he added.

Mr Justice Clarke said it was not the court's role to be prescriptive as to what procedure is adopted. It was open to Mr Fitzgibbon to come back to court if he was not happy with the process.

The terms of reference for an independent person taking on the job should be clear in order to ensure they could carry out the job, he said.

There appeared to be no reason why the main proceedings by Mr Fitzgibbon could not go ahead, the judge said. He said the society should file notice of particulars with 10 days and adjourned the matter for mention in six weeks' time.