Bank manager secures injunction against dismissal

A credit manager with Rabobank has secured an interim High Court injunction preventing his employer from dismissing him.

Colin Browne, who has been on sick leave arising from stress since January last, claims that Rabobank Ireland plc intends to dismiss him because he has not attended internal disciplinary hearings concerning his absence.

Mr Browne, a father of three from Forest Park, Celbridge, Co Kildare, was medically certified as unfit for work due to stress and was unable to attend the disciplinary hearings due to his illness, his counsel Patricia Dillon SC said.

He had supplied medical certificates to that effect to the bank but a doctor employed on behalf of the company, whom Mr Browne attended last January, had found him fit for work.

Given the conflict of medical evidence, the bank should have sought a second opinion and the bank’s doctor did not review Mr Browne following his single visit last January, it is claimed.

Mr Justice Paul Gilligan granted the ex parte application (one side only represented) by Ms Dillon for a temporary injunction preventing the bank terminating her client’s employment.

The case will come before the court again today.

The bank’s purported decision was unfair and breached Mr Browne’s rights, counsel submitted. He was on sick leave since the middle of January, had not been paid for some time and was in “a dire situation”.

Mr Browne was made aware the bank had initiated internal disciplinary and investigative proceedings arising out of his non-attendance at work but he was unable to attend those meetings, she said.

He was informed in early April of the bank’s intention to dismiss him but several requests made to the bank on Mr Browne’s behalf by his solicitor since then had not been responded to, she added.