A worker with a contract company at Dublin Airport who was sacked after he told an Aer Lingus customer services check-in representative to “f**k off” will get an early hearing of his High Court action challenging his dismissal, a judge said on Tuesday.
Mr Justice Brian Cregan, after being told Colm Dunne had not been reinstated pending his challenge, said he was prepared to give a hearing date for his case before the courts’ Easter break at the end of next week.
Mr Dunne, an IT systems engineer, claims his dismissal by his employer, airport support services firm ESP Global Services Ltd, over the “f**k off” remark was extremely harsh and not proportionate. He had an unblemished record with the firm since starting work with it in 2021, he says.
He claims the ESP disciplinary process was defective and unfair and that it acted unlawfully in its decision.
The case arose over what Mr Dunne said was an unfortunate interaction between him and a male member of the Aer Lingus customer service team at the self service flight check-in kiosks in the early hours of January 27th last towards the end of his night shift.
Mr Dunne, from St Laurence’s Park, Drogheda, Co Louth, said the Aer Lingus employee had approached him while he was working to fix one kiosk about another faulty kiosk.
He was concentrating on fixing the printer in the machine and did not respond, he said.
When asked by the other man if Mr Dunne could hear him, he admitted that he “regrettably” told him to “go away” and ultimately to “f**k off”.
The Aer Lingus worker, in his complaint later that day to Collins Aerospace, which manages the airport on behalf of the Dublin Airport Authority, claimed that after telling him to f**k off, Mr Dunne “approached me again and said I deserved it”.
ESP suspended him on pay and over a week later carried out an alleged gross misconduct hearing. It was held via Microsoft Teams on February 7th, 2025, attended by Mr Dunne, ESP global aviation services manager, Gregor Young, and Louise Morgon, People Partner Lead.
Mr Dunne said he apologised a number of times at the hearing for the use of the word but later that same morning Mr Young informed Mr Dunne he was dismissed with immediate effect for gross misconduct.
Mr Dunne lodged an appeal which was heard by two other senior ESP staff, Mike George, VP People and Ian Essai, VP global operations. He said the appeal failed to address or remedy the very serious defects of fairness of procedure and due process or to address his implied contractual right of an adequate response to an act of misconduct.
He says the appeal panel predetermined its decision.
Mr Dunne sought a High Court injunction and last week Mr Justice Brian Cregan restrained ESP from taking any steps to give effect to the purported dismissal.
When the case returned before the judge on Tuesday, Conor Power SC, for Mr Dunne, said it had been agreed with the ESP side to adjourn the matter for a week to allow the defendant to file a replying affidavit with the injunction to continue until then.
Asked by the judge if Mr Dunne was going to be reinstated pending the proceedings, Mr Power said no and this was why a short adjournment for a week had been sought. They were seeking to expedite matters, he said.
Asked by the judge if the affidavit could be filed before the end of the week, Hayley O’Donnell BL, for ESP, said her side was prepared to do so. She said the body of the affidavit ran to 20 pages and while they had initially sought a two week adjournment they had agreed to one week.
The judge said he would adjourn for a week to allow for the replying affidavit to be filed.
He said he would be very keen to have the matter heard within a few days and before the courts break for Easter.
