A senior executive with an aircraft leasing firm has launched High Court proceedings aimed at preventing his employer from sanctioning him.
The action has been brought by Brian Fitzpatrick, who claims the dispute between him and his employer arises over its demand that he work several days a week from its Dublin offices and not spend all his time working remotely from his Co Clare home.
Mr Fitzpatrick is a senior vice-president of the Bocomm Aviation Leasing Ireland Company Limited, which is headquartered in Shanghai, China, and has total aircraft assets of $14 billion.
He claims the dispute arose several months ago when his employer demanded that he work several days per week from its Dublin office. He claims the company never had an issue with him working from his home at Danganbrack, Quin, in Co Clare, which he has done for several years.
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Mr Fitzpatrick claims that while some informal discussions between him and the company took place over him working from the office, no issue nor formal demand was made of him by his employer over him working remotely. Last August he claims that completely out of the blue he was made the subject of a disciplinary process over his alleged refusal to work from the Dublin office.
He claims he explained to the company that working several days a week from Dublin was impractical. He also rejects his employer’s claims that he is required under company policy to work from the Dublin office, and claims that the company has wrongfully refused to pay him his annual six-figure bonus.
Represented by Gary McCarthy SC, Mr Fitzpatrick seeks various orders including an injunction restraining his employer from imposing a sanction on him, from continuing a purported investigation into allegations against him and from interfering with the terms of his employment.
He further seeks an order requiring the defendant to pay all salary and benefits, including his annual bonus, under his contract of employment.
Seeking the injunction counsel said that for many years Mr Fitzpatrick has worked remotely and from his home in Co Clare, and before the outbreak of Covid-19. It had never been an issue for the parties until the demand that he work several days from the Dublin office.
Counsel said that following the demand by the company to work from the Dublin office, his client was made the subject of an internal investigation. He said his client has also been told he is being investigated over a historical expenses claim made by Mr Fitzpatrick. Counsel said the matter was contrived and his client denies any wrongdoing.
Mr McCarthy said that late last year, following the row over him working at the office, the company informed Mr Fitzpatrick that he would not be paid his annual bonus. He said the bonus his client receives is generally over €200,000, and it is his case that under his contract of employment Mr Fitzpatrick is entitled to be paid the bonus.
It is not accepted that the bonus is purely discretionary, counsel added
The matter came before Mr Justice Rory Mulcahy on Tuesday. The judge, on an ex parte basis, permitted Mr Fitzpatrick to serve short notice of the injunction proceedings on the defendant.
The matter will return before the court later this week.
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