A COMPUTER manager who worked on safety systems at the Dublin Port Tunnel has failed to get a High Court injunction restraining the termination of his position.
Vaughan-Lyle Mackolisky, Camden Street, Dublin, claimed he was dismissed last November as information technology manager with Transroute Tunnel Operations Ltd, operators of the tunnel, after he expressed concerns about a new computerised warning system for preventing over-height lorries from entering the tunnel.
In denying those claims, Transroute said Mr Mackolisky was never an employee but rather an independent contractor and his contract was terminated over his poor performance. It also said Mr Mackolisky had used documents purely to “embarrass and scandalise” the company.
Mr Justice Roderick Murphy ruled yesterday that he was not entitled to an injunction restraining his dismissal because he was a contractor rather than an employee.
The judge said any claim Mr Mackolisky may have against Transroute could be addressed through damages in any future proceedings and he adjourned proceedings to March 2nd.
In his claim, Mr Mackolisky said he began working as an IT manager in December 2007 and by March 2008 the workload on the control systems for the tunnel had increased dramatically.
Differences arose between him and his manager, who began to adopt “a malicious demeanour” towards him by making personal insults and criticisms of his work. These claims were denied by the manager.
Mr Mackolisky has alleged he was initially sidelined and then his position was terminated because he had voiced concerns about a new height-detection system.
As part of the proposals to improve the control network in the tunnel, the National Roads Authority and Jacobs Engineering, which oversees the work of Transroute, wanted the height-detection system upgraded, he said.
He was concerned because he believed it posed a “significant threat” to the tunnel infrastructure and safety of motorists.
He advised more testing but, he said, his manager ignored his advice. Mr Mackolisky claimed the upgrade failed three times and a fourth attempt to carry it out was halted only when he approached Transroute’s senior management.
Chris Dando, managing director of Transroute, denied Mr Mackolisky’s manager had treated him badly. The manager had at all times tried to address issues in relation to the service Mr Mackolisky was providing and his “poor” record of reliability and dependability, Mr Dando said.