A LANDFILL manager has secured a High Court injunction preventing his employers from continuing a disciplinary process against him arising from claims that he falsified information about the levels of toxic leachate present at a site.
Yesterday the court heard that Michael Bergin, an environmental engineer with Greenstar since 2004, has acted as the manager of the waste management firm’s landfills at Brownstown, Kilcullen, Co Kildare, and one in Co Galway, and has brought proceedings arising out of an investigation into a leachate leak that occurred in Kilcullen in late 2009.
Mr Bergin, who denies the accusations against him, sought the injunction following the company’s decision not to allow his lawyers to cross-examine his supervisor in the procedure about matters he claims are relevant to his defence and are in breach of fair procedures.
He claims that he has evidence that it was his immediate supervisor who falsified the information and not him. He also claims that he is “being made a scapegoat” and that the disciplinary process is “a charade.”
Leachate is the toxic liquid residue that gathers at the bottom of landfills after rain has filtered through the materials disposed of at the landfills.
The Environmental Protection Agency regulates landfill leachate levels, which is generally a depth of one metre from the bottom of a landfill.
Yesterday, Mr Justice John Quirke granted Mr Bergin, of Raheen Lower, Donaghmore, Rathdowney, Co Laois, an interim injunction restraining Greenstar, Burton Hall Road, Sandyford, Dublin 18, from continuing with the disciplinary process instigated by the company against him pending the determination of the court proceedings, and from terminating his employment.
The injunction which was granted on an ex parte (one side only) basis was made returnable to early October.