A man dismissed from his role at the National Gallery of Ireland has brought High Court proceedings aimed at preventing the appointment of a replacement until his appeal against the decision has been heard.
The action has been brought by Will Brien, who claims he was summarily dismissed from his role as the gallery’s head of information technology late last month for alleged gross misconduct.
He denies the wrongdoing alleged against him and has appealed the gallery’s decision, which he says is “patently unlawful”.
He claims he has raised strong grounds in his pending appeal, which is brought under the Civil Service disciplinary code.
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However, he claims that a post seeking a head of IT for the gallery, a position he held since 2018, has been advertised on three different recruitment websites.
The court heard the gallery’s solicitors have agreed to withdraw advertisements for the position on a permanent basis, pending the outcome of the appeal.
However, the gallery’s lawyers said it needs to fill this role and is entitled to appoint someone temporarily. It claims such a move would not prejudice Mr Brien’s position.
Mr Brien remains concerned and has claimed that the role advertisement shows no regard for his rights and could amount to evidence of a predetermination that he will not be returning to his role.
He fears the gallery has no intention of restoring him to his post or his standing and reputation with his co-workers.
Progress in arranging his appeal hearing was slow, he further claims.
In his action, Mr Brien, from Main Street, Newcastle, Co Dublin, is seeking orders, including an injunction preventing the gallery’s board of directors and guardians from taking further steps to fill his role until the appeal process has concluded.
He also seeks orders restraining the defendants from taking steps to undermine the appeal process provided for in the defendant’s discipline code.
Mairead McKenna SC, instructed by solicitor Mairead Carey, for Mr Brien, said her client was shocked when he was initially suspended on full pay, before being summarily dismissed.
He was informed that his suspension arose over an alleged refusal to comply with reasonable management instructions. This was said to follow his alleged failure to address concerns previously raised by consultants in late 2019.
It is also alleged by the gallery that he engaged in disruptive behaviour.
Mr Brien claims that prior to being suspended he was never the subject of a previous disciplinary process, warning or investigation process conducted by the gallery.
The matter came before Mr Justice Brian O’Moore, on an ex parte basis – where only Mr O’Brien was legally represented – on Tuesday.
The judge noted correspondence from the defendant’s lawyers that said it would only appoint somebody to the role on a temporary basis Mr Justice O’Moore said he was not prepared to grant any injunctions without hearing from the defendant.
The judge adjourned the matter until Wednesday.