A solicitor who claims to be the newly appointed chief executive of the Irish Amateur Swimming Association (IASA) Ltd, trading as Swim Ireland, yesterday secured an interim injunction from the High Court restraining the association from appointing any other person to the post.
The injunction, which continues until Monday next, was granted to Ms Sarah Keane, of Roland Court, Rathgar, Dublin.
In an affidavit, she said she tendered her resignation as an associate partner from the well-known Dublin solicitors' firm of Matheson Ormsby Prentice after receiving a written offer from the IASA last May.
The offer was subject to two conditions: the provision of two satisfactory references, and a medical examination. She successfully passed the medical examination, and, having had only one employer, was told one reference would suffice.
Mr Oisín Quinn, for Ms Keane, told Mr Justice Kelly she received a letter from the association on June 17th. In the letter, the association appeared to be attempting to resile from Ms Keane's appointment, although the meaning was not entirely clear. She asked for clarification but did not receive it .
The association had in fact published her appointment on The Irish Times website and in the Irish Independent newspaper.
The letter of June 17th, from Ms Lynda Fallon, company secretary, had stated she was requested by the association's board to notify Ms Keane that issues had arisen as to "the validity of communications written or verbal" made to Ms Keane regarding the appointment to the position of chief executive officer. There were also issues relating to "the absence of due process and full compliance with the authorities and responsibilities of the board".
The letter advised Ms Keane not to take "any further steps or actions on foot of such purported communications". It added that Ms Keane "should urgently redress any steps taken on foot of any purported communication verbal or written suggesting your appointment ...". Ms Fallon had said she was writing following a "decision and direction" of a board meeting on June 15th.
Ms Keane replied that she had applied for the position in response to a public advertisement and was selected following a very rigorous and thorough process. She said the board had ratified her appointment.
Ms Fallon had, in another letter, stated: "I would not presume to advise you and you must take your own advice in that regard but I repeat the suggestion that you should not, following my letter, have taken any further steps in reliance on the prior communication purporting to be from and on behalf of the board."
A letter of July 15th from Ms Fallon said that it was not accepted or conceded that Ms Keane was "lawfully appointed".
Mr Justice Kelly granted the temporary injunction.