Financial officer at Easytrip secures injunction against employer

Disciplinary hearing against Carl Berkeley to be put on hold

Chief financial officer Carl Berkeley was investigated by his employer, Easytrip, over the sending of an email containing company data to a third party.

Chief financial officer Carl Berkeley was investigated by his employer, Easytrip, over the sending of an email containing company data to a third party.

 

The chief financial officer of a firm that provides services to motorists, including electronic parking and tolling tags, has brought High Court proceedings aimed at preventing his employer from dismissing him from his job.

The action has been brought by Carl Berkeley, against Dublin-based Easytrip Services Ireland Ltd, who claims he is the subject of “a deeply flawed” disciplinary process being conducted by his employer.

At the High Court on Wednesday, Mr Berkeley’s counsel Barry O’Mahony told Mr Justice David Barniville his client was investigated over the sending of an email last February that contained company data to a third party, which happened to be a rival company.

Counsel said his client was instructed to send the email by his superior.

Arising out of the sending of the email counsel said his client was suspended for 48 hours and investigated.

As part of the investigation Mr Berkeley and two other employees at the company were interviewed.

Mr Berkeley was not allowed legal representation at that interview, counsel said.

As a follow on from the investigation the company now proposes to hold a disciplinary meeting on Thursday, counsel said.

Counsel said his client had sought certain assurances about how the meeting would be conducted.

However these assurances were not forthcoming and Mr Berkeley was now concerned for his position with the company, the court heard.

As a result he now seeks various orders against the company including one preventing the meeting from proceeding and an injunction aimed at preventing the termination of his employment.

Following counsel’s submissions, Mr Justice Barniville granted Mr Berkeley a temporary injunction preventing his employer from holding a disciplinary meeting scheduled to take place on Thursday, March 29th.

The injunction was granted on an ex-parte basis, where only one side was represented in court.

The Judge said he was not prepared to make any of the other orders sought until he had heard from both sides in the dispute.

The Judge adjourned the matter for a week.

As well as providing all-in-one parking and tolling tags, Easytrip also provides its customers with breakdown assistance.