AN EMPLOYEE of Cork County Council, who has been suspended for two years arising from an investigation into multi-million euro property deals, has failed in his attempt to obtain an interlocutory injunction to prevent the local authority from taking disciplinary proceedings against him.
However, at the High Court in Cork yesterday, Gerard Cotter of Cork County Council did secure a limited injunction against a named county council employee from heading up the proposed disciplinary hearing.
Mr Cotter has been suspended for close to two years on full pay as part of an investigation into a number of land deals in the north Cork area which involved council property.
A full investigation was launched in relation to the matter two years ago. A report earlier this year recommended that Cork County Council consider a disciplinary hearing. A copy of the investigation report was given to gardaí.
Cork County Council indicated in a letter to Mr Cotter last April that it was proceeding with a disciplinary process under a named council executive.
Tom Creed SC, representing Mr Cotter, said his client was seeking a High Court injunction based on a number of issues arising from the letter sent by Cork County Council.
Mr Creed said the range of potential disciplinary consequences was not specified to his client and that the executive leading the hearing had been given not just the investigation report but also its final recommendations.
He said his client’s “good name and employment record” was at stake. He insisted that if the council was allowed to proceed with the inquiry as things stood, it would simply be “a sentencing hearing”.
However, Cork County Council argued that any disciplinary hearing would be transparent and above board.
The court heard that Mr Cotter will have the right to submit his own evidence and put witnesses forward. He also has the right to cross-examine witnesses and an appeal process will be in place.
Mr Justice Kevin Feeney rejected Mr Cotter’s application for a full injunction, stressing there was no arguable case presented to justify its granting.
However, Mr Cotter did secure a limited injunction against a named Cork County Council executive from heading up that proposed disciplinary process.
When granting the limited injunction to Mr Cotter, Mr Justice Feeney emphasised that the court order did not mean that the council could not proceed with the disciplinary hearing under another council employee.
Mr Justice Feeney referred to the dangers of “perceived bias”, as the named council executive who was proposed to lead the disciplinary hearing had already been involved in the investigation via a sworn affidavit, he said.
Mr Justice Feeney refused an application by Mr Cotter for a stay on the matter.