The head of the Department of Economics at University College Cork, Prof Connell Fanning, has asked the High Court to restrain the college from suspending him, with pay, while it investigates a reported incident between him and a female staff member. Prof Fanning is reported to have grabbed the staff member by the throat and neck arising from his concerns about her driving and the safety of his dog.
Mr Ian Finlay SC, for UCC, told Mr Justice Smyth yesterday the reported incident happened in a UCC staff car-park on August 31st last during lunch-hour. He said Ms Joan Buckley had reported she was subject to a physical assault by Prof Fanning arising from his concerns about the safety of his dog and her driving behaviour. Other members of staff had said they received a consistent version of the incident from Ms Buckley.
The judge was told Ms Buckley said her written account of what happened was true. However, she did not wish to pursue the matter. UCC contends it is obliged to investigate and is obliged to suspend the professor on full pay pending an investigation.
Mr Paul Sreenan SC, for Prof Fanning, argued that UCC was not entitled to suspend his client. He asked the court to note that another member of staff, who met Prof Fanning shortly after the car-park incident, said the professor had said he had almost been knocked down, that he was walking in the car-park and talking on his mobile phone when a car moved out and almost hit his dog.
Prof Fanning was reported to have said he got a "serious fright" and had knocked on the car bonnet but the car moved out again. He had said something to the effect of: "Would you learn to drive," and the woman driver had shouted back at him and then drove off.
Mr Sreenan said there was no question of the professor putting his hand in and taking the woman by the throat.
Counsel was applying for an interlocutory order restraining UCC from suspending Prof Fanning pending the outcome of legal proceedings taken by the professor against the college. Mr Justice Smyth will give his decision today.
Seeking the order, Mr Sreenan said Ms Buckley had not made a complaint about the car-park incident but had reported it. He said the disciplinary procedure invoked against his client was against Ms Buckley's wishes and she did not wish to be involved.
Prof Fanning was objecting to both the suspension and the disciplinary procedure invoked, counsel said. It was his case there was no authority for UCC to either suspend his client or invoke the disciplinary procedure.
UCC had also brought in Mr John Horgan, a former chairman of the Labour Court, to conduct a preliminary investigation and he had found there was a prima facie case for the matter to be investigated under the disciplinary procedures.
