Man in court after telling boss at gala dinner: ‘You’re a little bollox’

A MAN who told his boss ‘you’re a little bollox’ at a gala dinner has begun interlocutory injunction proceedings in the High Court aimed at preventing his dismissal from Cadbury’s Ireland Limited.

A brief ripple of laughter ran through the court yesterday when his counsel Michael McMahon SC indicated that these words were used as a form of endearment in some parts of the country.

The action is being taken by Kevin Costello, sales executive, of Pinewood Park, Rathfarnham, who in an affidavit says he commenced employment with Cadbury’s as a sales representative in February 1978 and remained in employment of the company since that time until his purported dismissal on Monday, March 27, 2006.

In an affidavit, Mr Costello, who is in his early 50s, says the comment concerned was meant to be a joke but now he realised that, while it was not obvious to him at the time, his superior did not take his comment in that manner.

He submits that the comment was in no way meant to be taken seriously, although he did appreciate soon afterwards that his boss was annoyed by it. He also claims in his affidavit that he apologised for the comments at the earliest opportunity.

It is claimed that during the gala dinner on February 3, 2006, he had told his boss: “I want to get this off my chest. You’re a little bollox.” The remarks, it is alleged, were made in the presence of three other retail sales executives who were seated at the same table with all members of his boss’s retail team along with their partners.

Michael Howard SC for Cadbury’s submitted that there was misconduct by Mr Costello and the company had followed the proper contractual procedures.

In addition, he said, Mr Costello had not taken the opportunity to appeal to the Employment Appeals Tribunal.

He said one of those at the dinner allegedly heard Mr Costello say after he made the comments involved that “it was no joke, I meant it”.

Mr Costello is also contesting a number of other alleged complaints made against him by some Cadbury’s clients. His counsel said Mr Costello undoubtedly had problems and was out of work for over a year with back problems . He had joined the existing sales team under his boss, who was in his early 30s, while his clients was in his 50s.

Mr Justice Thomas Smyth said he would give judgment later today.