Suspended DAA chief executive officer Kenny Jacobs has initiated a High Court action against the State airports company seeking his return to work and declarations that the board has prejudged his removal from office.
In a brief vacation hearing before Ms Justice Emily Farrell on Thursday afternoon, Padraic Lyons SC for Mr Jacobs said his client has suffered personal, reputational and professional damage – and health consequences – as a result of company actions against him.
His client has health advice that the best course open to him is to return to work rather than “languishing at home ruminating on his position”.
Mr Lyons alleged damaging company leaks to media – including to The Irish Times – and directly cited its online report on the notice of suspension which appeared hours after Mr Jacobs met DAA chairman Basil Geoghegan on the morning of December 15th.
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The report appeared before a 1pm deadline that day for the chief executive to respond to the notice of suspension. This was “deeply humiliating” for Mr Jacobs, Mr Lyons said.
Mr Lyons said Mr Jacobs, who was not in court, had been told of 20 issues that were to be covered in a new investigation.
He wants declarations from the court that the decision to investigate Mr Jacobs was “tainted by reasonable objective bias”, that suspension is unlawful and that the DAA board’s action is in breach of his contract of employment.
The judge granted short service to Mr Lyons, in effect expediting hearings in the case. Mr Lyons was instructed by Arthur Cox solicitors.
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The matter, heard by Ms Justice Farrell on an ex parte (one side only) basis, will go before the court again next Monday afternoon. The court is likely at that point to hear from the company.
Mr Jacobs was suspended just before Christmas after a months-long rift with the DAA board, which runs the operator of Dublin and Cork airports.
He had struck a mediation deal with the DAA in September to leave the business with a €960,000 payment plus payment of his legal fees. However, Minister for Transport Darragh O’Brien refused to sign off on the money in his capacity as shareholder in DAA on behalf of the State.
The row between the board and chief executive followed two protected disclosures against Mr Jacobs early last year which were not upheld after a senior barrister’s investigation. New issues subsequently emerged, leading to a loss of board confidence in the chief executive and the decision to initiate a new investigation.
Mr Jacobs is now challenging that investigation, saying it should not go ahead without the appointment of an independent and impartial decision-maker to consider the outcome of the proposed and make a binding recommendation.
Mr Jacobs also wants a declaration that he has a reasonable apprehension that the DAA board has prejudged his removal from the office of CEO and that he cannot expect to receive a fair hearing from them through the investigation.
In addition, he is seeking a declaration from the court that there is a likelihood of bias in respect of the allegations made against him.
Mr Lyons said the DAA board’s appointment of a deputy chief executive, Nick Cole, on December 15th came as the chief executive was notified of his suspension. This had the effect of “supplanting Mr Jacobs as CEO”, he said.
He went on to say his client will be seeking an interlocutory injunction restraining the DAA from taking any further steps in the new investigation.
Mr Lyons said Mr Jacobs was seeking an injunction against his suspension from duty or treating him as having been suspended. He also wants an order restraining the DAA from restricting or interfering with his access to company or use of his email and other data.
He also wants an order restraining the DAA from disclosing or disseminating any confidential information in relation to him.
The DAA declined to comment when asked about Mr Jacobs taking legal action.
