THE DIRECTOR of human resources at Iarnród Éireann, John Keenan, has brought a High Court action for orders restraining the company taking any steps to remove him from his position of the last 15 years.
Mr Keenan claims he was ordered to leave after Irish Rail chief executive Richard Fearn complained Mr Keenan had failed to speedily inform him about the successful outcome of a gender discrimination complaint brought by an employee.
Oisin Quinn, for Mr Keenan, was yesterday given permission by Mr Justice Roderick Murphy to bring the injunction proceedings next Thursday.
In an affidavit, Mr Keenan said, to his absolute shock and disbelief, he was informed by Mr Fearn on December 2nd last he was “relieving me of my responsibilities” as director of human resources.
Mr Keenan said Mr Fearn told him he was taking this action because he had lost confidence in Mr Keenan owing “solely” to his alleged delay in informing Mr Fearn of the outcome of an Equality Tribunal case (in which an employee secured some €189,000 compensation against Iarnród Éireann).
Mr Fearn had said he would be in contact, but meanwhile Mr Keenan was to take his personal effects and leave. As more than 10 days had elapsed without any further contact, Mr Keenan said he had no option but to bring court proceedings.
Mr Keenan said Mr Fearn had in front of him, during a one-to-one meeting with Mr Keenan on December 2nd last, an Equality Tribunal decision on an employee’s complaint of harassment and victimisation or discrimination on grounds of gender.
That complaint related to a competition for a senior promotional post and the Equality Officer awarded €189,000 compensation for victimisation and discrimination on grounds of gender, Mr Keenan said. He said the harassment complaint directed against him and other HR/equality personnel had failed.
Mr Fearn had said he viewed as very serious that Mr Keenan had not advised him of the decision which issued on November 18th to a CIÉ solicitor who ran the case and to Mr Keenan on November 20th.
Mr Keenan said he explained he received the decision late on Friday, November 20th and had taken it home to read that weekend. In his view, the decision was unsustainable and filled with inaccuracies and he had advised, while nothing could be anticipated with certainty, he had some confidence in an appeal to the Labour Court.
He said Mr Fearn said he wanted a written explanation for the delay in advising him and an external third party would be invited to investigate the case. Mr Keenan said he pointed out the tribunal’s decision would remain private until the week commencing December 14th.
Mr Keenan said he was directed to go to his office, take his personal effects, lock up and hand Mr Fearn the keys. He had challenged this as a wholly inappropriate and disproportionate response and, after he left, he understood extra locks were fitted to his office.
Mr Keenan also said there has been a lengthy and controversial series of events within Iarnród Éireann involving fraudulent practices, originally identified by an investigation undertaken at his discretion in 2005. Evidence emerged of collusion between certain Iarnród Éireann personnel and third-party contractors, and disciplinary actions ensued and dismissals followed, he said. Criminal prosecutions had also resulted in convictions.