Judge vows to manage time better

The President of the High Court has signalled there will be more judicial management of cases in the High Court to ensure maximum efficient use of court time.

Mr Justice Nicholas Kearns was responding to a Supreme Court decision advocating tighter judicial management of cases after noting a case by a man over his golf handicap ran for 83 days in the High and Supreme Courts.

Mr Justice Kearns made his comments in a case where he awarded Kevin Breen €25,000 damages against his employer Iarnród Éireann arising out of the bullying he claimed he suffered from a co-worker.

The judge said he was “dismayed” the case, which began on Wednesday, had been called on for up to five days. After the judge asked lawyers acting for both sides to narrow to what the court deemed were the core issues, the matter was concluded yesterday afternoon.

In his action Mr Breen, complained he was subject to bullying between 2004 and 2010 at Gorey Rail Station by Louis Naessens. The two worked on different shifts, and only came into contact for a few minutes on days they both worked.

An Iarnród Éireann investigation found in 2009 that Mr Naessens had engaged in consistent inappropriate behaviour towards Mr Breen that amounted to bullying.

Mr Breen claimed the bullying continued and nothing was done by Iarnród Éireann to deal with the situation. In December 2010 he was offered a transfer and he subsequently moved to Arklow station.

The company, he claimed, should have taken reasonable steps in light of the findings of bullying and harassment made by the investigators.

Iarnród Éireann denied the claims and said it did everything it could to deal with the situation, by way of counselling, attempted mediation, and investigation.

In his ruling Mr Justice Kearns said Mr Breen came across as being an “honourable if perhaps a sensitive man” who had come to court looking for “vindication”. He awarded Mr Breen €25,000 in damages plus his legal costs.