Court orders Hibernian to halt dismissal

Insurance giant Hibernian has been ordered not to dismiss the group's human resources director

Insurance giant Hibernian has been ordered not to dismiss the group's human resources director. Brian Dalton claims he is being dismissed under a "bogus" reconstruction plan and has secured an interim High Court order restraining his dismissal.

Mr Dalton claims the recently appointed chief executive of Hibernian, Stuart Purdy, had used sexually offensive and obscene language to him and others and that Mr Purdy's treatment of himself and others and "autocratic management style" were damaging the company's business.

The interim order was granted by Ms Justice Mary Laffoy to Mr Dalton, who earns €500,000 a year as director of group human resources with Hibernian. Mr Dalton, of Baymount Park, Clontarf, Dublin, is challenging the termination of his employment with the company in a letter last Tuesday.

Roddy Horan SC, for Mr Dalton, told the judge that Mr Dalton had joined Hibernian as human resources director in November 2000 and was identified every year as making an outstanding contribution to the company. Mr Dalton was contending a "restructuring plan" announced to him this week was "bogus" and that no employee had been made redundant during his tenure.

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In an affidavit, Mr Dalton said Mr Purdy had joined Hibernian as deputy chief executive on September 1st, 2006, and became chief executive on February 1st last. A number of incidents took place in which negative behaviour was exhibited by Mr Purdy, he said.

On November 15th last, Mr Dalton said he was rung on his mobile by Mr Purdy who had shouted at him in "a dictatorial way", telling him he should not have circulated information as to a new executive appointment.

In December last, he was informed by Mr Purdy that he did not want Mr Dalton to be involved in the interview process for the group finance director role. In a later incident, Mr Purdy stated that others had said Mr Dalton could not keep his mouth shut. When he asked Mr Purdy what he meant by this, he was told: "Take the feedback."

Mr Dalton also said that, on the afternoon of December 11th last, Mr Purdy came into his office and described Mr Dalton's goals as "bullshit" and just a "rehash of last year's". He found Mr Purdy's behaviour to be aggressive and unprofessional and undermining of his position, he said.

It was also alleged by Mr Dalton that Mr Purdy made sexually explicit and offensive remarks to Mr Dalton and that these were indicative of an increasing number of inappropriate and aggressive outbursts. Mr Dalton said other staff members had also reported to him that they found Mr Purdy's use of bad language upsetting and that he was difficult to work with.

He said he got his first explicit communication in January 2007 that Mr Purdy wished to get rid of him. On March 26th, 2007, he was told by Andrew Moffatt, the group's European human resources director, that the restructuring was proceeding and this would involve Mr Dalton's immediate termination.

In granting the injunction, Ms Justice Laffoy noted it was made on the basis of only one side being represented and that the defendant had not had an opportunity to respond. She returned the matter to today.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times