Clonmel HR director accused of making inappropriate remark to woman has suspension lifted

The Human Resources/Information Technology director of a well-known car company has secured a temporary High Court injunction lifting his suspension from work.

Terence O'Regan secured the order against his employer, Cork-based Henry Ford and Son Ltd, after the High Court was informed that he was suspended on full pay late last month over an alleged breach of data protection. 

The alleged breach relates to material he furnished to his solicitor concerning a claim that he made a once-off inappropriate comment of a sexual nature to a former female coworker.  

Mr O'Regan of Monroe, Lisronagh, Clonmel, denies both allegations and claims his suspension, which occurred last week without any prior notice to him, is unlawful in breach of fair procedures and should be set aside. 

Seeking the order, Marguerite Bolger SC for Mr O'Regan said her client was not given an opportunity to respond to the alleged data breach before being suspended by his employer. Her client had worked with the company for 20 years and had an excellent record. 

Earlier this year, he was the subject of an email from an anonymous sender to senior persons at the company alleging that in September last year he made an inappropriate comment of a sexual nature in the workplace during a verbal exchange.  

An investigation into that claim, which Mr O'Regan fully denies, was launched. Counsel said her client has at all times fully co-operated with the investigation into the allegation of making an inappropriate comment. 

He was informed that the outcome of that process could result in his dismissal. 

Due to the potentially serious consequences of that probe, Mr O'Regan wanted to obtain legal advice.

He claims his employer was not happy about that and Mr O'Regan was told by his employer that "if he went legal" he might be suspended.  

Counsel said Mr O'Regan obtained a solicitor and provided that firm with documentation relevant to the complaint, including the file of the former employee who he allegedly made the comment to.  

This was done so his solicitor could be fully instructed on the matter.  

Just before the close of business on October 25th, last Mr O'Regan was informed of his immediate suspension on the grounds that providing the material to his solicitor was a breach of data protection.  

After being informed of his suspension, counsel said Mr O'Regan was "frogmarched" out of the workplace. Counsel said this was humiliating, extremely distressing and embarrassing for her client.  

Counsel said Mr O'Regan denies any data breach and was entitled to provide his lawyers with the information. 

Counsel said her client also believes the suspension was premeditated and has the potential to severely adversely impact on his professional reputation. 

As a result of his suspension, Mr O'Regan applied to the High Court for an injunction restraining his purported suspension, otherwise than in accordance with his contractual entitlements and under his employer's disciplinary procedure.

The injunction also restrains his employer, with an address at Elm Court, Boreenmanna Road, Cork, from communicating or publishing any statement referring to the suspension and from disparaging his professional reputation.  

The injunction was granted on an ex parte basis by Ms Justice Teresa Pilkington on Friday afternoon. 

The judge, who said that based on the evidence put before the court she was satisfied to grant the order, made the action returnable to a date next week.