Credit union’s head of legal claims he was unlawfully suspended

The head of legal at a Co Wexford-based credit union has brought a High Court challenge against what he claims is his ongoing suspension from work.

The action has been brought by Donal O’Connor who claims he was put on administrative leave last November because he made a complaint about a colleague and a protected disclosure about certain alleged practices at Altura Credit Union in Gorey.

The 55-year-old, who has worked at the credit union for several years, claims he has been unlawfully placed on an “open-ended” suspension over allegations he has breached his employer’s internet technology policy.

Those allegations are the subject of an ongoing investigation.

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In a sworn statement put before the High Court on Thursday Mr O’Connor denies any wrongdoing and says the allegations were made after he made a protected disclosure about certain matters at the credit union in September 2022.

He claims he raised serious concerns he has about operations risks and controls at the credit union. In particular, he fears the requirement to ensure insurance is in place before the release of funds to customers was being disregarded.

He claims no efforts have been made by the defendant to properly address his concerns.

He also claims a senior official at the credit union was not following necessary procedures, has been disregarding his concerns and acted in an aggressive, derogatory and inappropriate manner towards him.

He said he filed a grievance against that person, and that person has also made a complaint against him.

Last November, he says, the credit union placed him on administrative leave over allegations including that he stored non-work emails on his work computer, used non-work email for work documents, and participated in work outside the workplace.

He denies any wrongdoing and says some of the complaints date to a period when he was part-time with the defendant. He says any outside work he did during that period was done with the credit union’s full knowledge.

Following the credit union’s decision to place him on administrative leave his health has suffered, and he required sick leave. He says he was certified to return to work from the end of April.

Despite this, Mr O’Connor, who is a qualified solicitor, claims he has not been permitted to return to work and has been effectively suspended.

His ongoing suspension, he claims, has damaged his reputation.

Mr O’Connor, with an address at The Avenue, Gorey, Co Wexford, seeks an injunction from the court restraining the defendant from continuing with his exclusion from the workplace.

He also seeks various declarations from the court including that his suspension is unlawful and in breach of his contract of employment.

He further seeks damages from the defendant for emotional suffering.

The matter came before Mr Justice Brian O’Moore on Thursday.

Following an application from Mr O’Connor’s lawyers the judge granted permission, on an ex parte basis, to serve short notice of the injunction proceeding on the defendant credit union.

The judge adjourned the application to a date later this month.