A senior employee of Enterprise Ireland in America was granted a temporary injunction by the High Court yesterday restraining the company from dismissing him from his post as manager of industrial and consumer products.

Mr Justice White also granted Mr Gerard Humphreys, for Michael McNicholas, who is Irish but has lived in the US for some 17 years, an interim order, returnable to November 10th, preventing the company from appointing anybody else to his position.

In an affidavit, Mr McNicholas said he accepted a four-year contract in 1996 as manager, consumer products, with the defendant's predecessor, the Irish Trade Board. At the end of his four-year contract and when he was exploring other career opportunities, he was urged to consider working for Enterprise Ireland as a long-term career prospect.

He signed a new contract in September 2000. The new status rendered him eligible to apply for promotion and he applied for other positions in the organisation. That privilege was available only to permanent staff.

In early 2001 he was given added responsibilities with the title of manager, industrial and consumer products. He also received the Enterprise Ireland Team Merit award for results gained on behalf of Irish industry in 1997, 2001 and 2002.

Mr McNicholas said that when John Corrigan retired as chief executive of Americas in June 2002 he was not replaced as such but Ms Marina Donohue was appointed to the position of executive vice-president, Americas. Almost immediately, Mr McNicholas was sidelined.

A new organisation chart was introduced and his position was downgraded. He began to suffer from anxiety, stress and insomnia.

In January last, it was suggested to him by Ms Donohue that his contract was going to expire on July 31st last. He informed her this was not the case and that he was a permanent employee.

At a meeting with Mr Brendan Martin of Enterprise Ireland on May 28th last, he was told he was not permanent staff and his contract was about to expire. He was extremely shocked and distressed but insisted he was a permanent employee and said Mr Corrigan had assured him his position was permanent. Mr Martin insisted his contract would not be renewed.

Subsequently he was given a deferred termination date of October 31st, 2003.