The High Court has granted an injunction restraining two British companies from removing 14 South African and one Zimbabwean worker from jobs as electricity linesmen. The 15 men had been working in Co Mayo but were told last month they were dismissed.
Ms Justice Carroll granted the injunction on the basis of undertakings from the companies and the workers.
The companies undertook to pay a €30 advance to the workers to enable them to return to Co Mayo from Dublin while the workers undertook to turn up for work tomorrow.
The judge was told the workers are to be paid from May 9th last, when they were told they had been dismissed, until May 27th, when they were told the position had been reconsidered and they were asked to report for work last Wednesday.
The workers brought proceedings against Sir Alfred McAlpine Group plc, trading as Sir Alfred McAlpine Utility Services and The Shorterm Group UK Ltd, a recruitment company.Ms Justice Carroll said she was not deciding the issues in the case, only the injunction application.
She believed the workers needed some form of injunction or undertaking and said she would grant the injunction sought on the basis of undertakings given by both sides.
She made directions for the exchange of documents with a view to a full hearing of the case later.
In an affidavit, Mr Johannes van Vollenhoven, said that at no time prior to their departure from South Africa were they told there would be a 13-week trial period upon their arrival in Ireland during which they would apparently be assessed for their suitability for work.
On March 3rd last, they started work at the Sir Alfred McAlpine Training Centre at Crossmolina. After two weeks, it was indicated to some of them that another group of South Africans employed previously had been deemed unsuitable and were about to be sent home.
In another affidavit, Mr Francis George Fisher, operations manager with Alfred McAlpine Utility Services Ltd, said he believed Shorterm had made the plaintiffs aware that the intial contract was for 13 weeks, that there was no guarantee of a job if they failed an assessment in Ireland and that they would have to return to South Africa. The initial 13-week contract would be with Shorterm.
The plaintiffs were informed their employment was being terminated because they had not met the requisite skills.
However, faced with the possibility of injunctive orders and having to pay the plaintiffs until the trial, McAlpines had decided it was preferable to re-engage the workers. The company would invest time and additional cost in working with them to attain the required standard.