Two senior credit union executives who were dismissed last year have claimed before the High Court that they had been subjected to a campaign of "intimidation, harassment and bullying".
Alec Good, Hillcourt, Donnybrook, Douglas Cork, the former manager of Gurranabraher Credit Union, Cork, and his former deputy, Ms Patricia O'Neill, Presentation Road, Gurranabraher, have brought a claim for damages and are seeking orders that the purported termination of their employment in December last year was invalid.
Yesterday, Mr Justice Kearns was told the chairman of the credit union branch, Mr Con O'Leary, St Rita's Avenue, Cork city, was not being sued as a co-defendant in the action but would be called to give evidence as a witness.
The judge said that the central issue in the case was whether Mr Good and Ms O'Neill were wrongfully dismissed and if so what relief should follow. Neither were employed by Mr O'Leary and, in essence, the dispute was with the Gurranabraher branch, he said. The branch has a turnover of about €150 million a year .
The court is initially dealing with Mr Good's claim. The credit union is denying the claims made by Mr Good and Ms O'Neill.
Mr James O'Reilly SC, for Mr Good, said his client had been with the branch for some 30 years. The credit union had claimed it was entitled to summarily dismiss Mr Good for "grave misconduct". Mr Good would argue that his contract of employment prohibited such a course of action.
If the court rejected that argument then it would be contended the description and nature of the complaints made against Mr Good as described in an investigator's report did not reach the standard of "grave misconduct".
Such conduct was defined on the basis that a manager might be summarily suspended without warning but there was no express provision dealing with summary dismissal.
For Mr Good's part, difficulties arose when Mr O'Leary became chairman in 2000, counsel said. Mr Good would claim that contact was made with staff outside office hours and staff were told that if they wanted to make complaints, they should be made to the chairman.
In June 2002, Mr Good felt there was a force being brought to bear on him, Mr O'Reilly said. The court would hear that there was "almost a decision" made in advance not only to suspend Mr Good but to set in train a procedure that ultimately led to his dismissal, counsel added. The hearing continues today.