Courts

Director of Specsavers outlet wants High Court to prevent dismissal

Matthew Richards fears a decision to summarily dismiss him from his job, on grounds of alleged gross misconduct

The court heard Matthew Richards has worked for many years as a retail director at the company’s branch in Swords.

Aodhan O’Faolain
Fri May 5 2023 - 21:19

A director of a north Co Dublin-based branch of the optical retailer Specsavers has brought a High Court action aimed at preventing his dismissal.

The action has been brought by Matthew Richards, who the court heard has worked for many years as a retail director at the company’s branch in Swords. His case is against Swords Specsavers Limited and Specsavers Ireland Limited.

He fears a decision to summarily dismiss him from his job, on grounds of alleged gross misconduct, will be made at a meeting due to take place next week.

Mr Richards, who strongly contests the allegations against him, claims the meeting and any purported decision to dismiss him will not be made in accordance with law or in compliance with his contractual entitlements.

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The matter came before Mr Justice Brian O’Moore during Friday’s sitting of the High Court.

Mr Richards’s senior counsel, Oisin Quinn, told the court the defendants are due to hold a board meeting early next week.

That meeting is to discuss whether Mr Richards should be dismissed for gross misconduct, which his client denies.

Counsel said the complaint against his client relates to an optometrist who moved to work in Swords from Scotland.

That optometrist was registered with the relevant regulatory authority in the UK but was not properly of fully registered with the Irish Optical Board CORU, which is mandatory.

Mr Richards did not know that the optometrist had not completed their registration with CORU, and does not accept he was responsible for what occurred.

That optometrist has resigned since the issues with their registration came to light.

“It appears that my client, Mr Richards, got the blame for this,” counsel said, adding that he is now being subjected to a meeting where he may be dismissed on the grounds of gross misconduct.

However, counsel said, the meeting will not be held in accordance with the terms and conditions of Mr Richards’s contract of employment and the company’s own constitution.

Counsel said that if this occurs, Mr Richards, who is one of four directors of Swords Specsavers, believes he will be dismissed from his job.

Under Specsavers’s own internal disciplinary procedures, he claims that each director has a single vote, and a decision to discipline somebody of his position within the group must be made by a simple majority.

He claims that the director from the Channel Island-registered Specsavers Ireland Ltd is sending a director to the meeting and that individual will purport to cast three votes.

Mr Richards says he has no doubt that person will vote to dismiss him.

He claims that allowing that person to cast three votes at the meeting amounts to a breach of his contractual entitlements and is unlawful.

Mr Richards, with an address at Stamullen, Co Meath, claims any decision to dismiss him, which he is entitled to appeal, would have far-reaching consequences for him and his family.

After considering submissions from counsel, the judge, on an ex parte basis, granted the plaintiff’s lawyers permission to serve short notice of the proceedings on the defendants.

The matter will return before the court early next week.

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