A long-serving pilot with Ryanair has won a continuing High Court injunction restraining the private airline from conducting disciplinary proceedings against him.

John Goss claims the disciplinary process is "bogus" and was designed to get at him because he had joined a pilots' trade union and had brought a complaint of victimisation against Ryanair.

Justice Kelly yesterday granted Roddy Horan, with Marguerite Bolger, for Mr Goss, of Yellow Walls Road, Malahide, Co Dublin, an interlocutory injunction restraining the operation of the disciplinary hearing pending the outcome of the hearing of Mr Goss's full action against Ryanair. A date for that action will be set later.

When granting the order, the judge stressed he was not required to make any findings at this point on either the facts or law in the case. What he had to decide was whether Mr Goss had established a serious issue to be tried, whether damages were an adequate remedy and whether the balance of convenience lay in granting or refusing the injunction.

The judge said he was satisfied Mr Goss has made out a real issue to be tried arising from the claim that the disciplinary procedure was "bogus" or a "sham" and was wholly imprecise in that it left Mr Goss with no clear knowledge of what exactly was being alleged against him.

There were "disquieting aspects" about the procedures adopted by Ryanair, the judge said.

Initial correspondence from Ryanair to Mr Goss had referred to complaints that Mr Goss had made threatening phone calls to UK-based pilots who might take up offers of flying certain aircraft from Dublin. Mr Goss had denied such claims and sought details about the complainants which he had not yet received.

Mr Goss was now facing allegations that he had failed to co-operate with an investigation procedure within Ryanair. He had made out a serious issue to be tried regarding his claim that he had been denied fair procedures.

The judge said there were two investigative meetings which Mr Goss attended with his solicitor. This resulted in 25 pages of questions and answers. On January 28th 2005, Ryanair wrote to Mr Goss stating it had reviewed the contents of the investigative meetings and had decided to hold a disciplinary meeting. It added that harassment and bullying of other employees would not be tolerated.

This letter was the first indication that the investigation had moved into the disciplinary stage and was the first notification to Mr Goss of an alleged failure on his part to cooperate with the investigation. The letter did not set out any allegations against Mr Goss.

On February 16th, Mr Goss secured an interim High Court injunction restraining the holding of a disciplinary meeting.

The allegations of failing to co-operate with an investigation by his employer and to have given evasive answers to questions had serious implications both for Mr Goss's ability to earn his livelihood and for his reputation, the judge said. In that regard, he did not consider damages would be an adequate remedy were the disciplinary procedure to go ahead, at this stage, in the manner sought by Ryanair.

The judge also held that the balance of convenience lay in granting the injunction to Mr Goss. He made directions aimed at securing an early hearing of the full action.

Earlier, outlining the background, the judge said Mr Goss has been a pilot with Ryanair since 1986. It was clear that throughout its history, Ryanair had a policy of refusing to recognise trade unions and had a policy of dealing directly with its employees.

Mr Goss and other pilots had found this method unsatisfactory and some pilots had joined the Irish Airline Pilots' Association (Ialpa), a branch of the Impact trade union.

They had instructed Ialpa to open negotiations with Ryanair on issues of concern to pilots but Ryanair had refused to do so. Impact had referred the dispute to the Labour Court.

The judge said it was clear from affidavits read to the court that there is a dispute between Ryanair and Ialpa.

In an affidavit, Mr Goss said that, on November 4th, 2004 he and other Dublin pilots were asked by Ryanair to attend a meeting at which they were threatened that if the trade union activities did not cease, they would be excluded from any pay increase, Ryanair's share option scheme, promotion and insurance for loss of pilot's licence would be cancelled.

He said they were threatened that they would be required to pay €15,000 training costs and would be required to pay for future recurrent training. They were also told they might be excluded from certain privileges and may face compulsory redundancy.

Mr Goss said Ryanair brought pressure on him and other pilots to take up the training offer and to sign a letter accepting the conditions including the repayment of the €15,000. On November 29th, Ryanair withdrew the offer. He and other pilots then made complaints of victimisation.

Around December 10th, Ryanair initiated an investigative and subsequent disciplinary procedure which failed to adhere to the principles of fair procedures and natural justice.

Mr Goss said there was absolutely no basis in fact to the suggestion that he made threatening telephone calls or intimidated pilots.

In another affidavit, Mr David O'Brien, director of Flight and Ground Operations, rejected the claims that Ryanair's motivation in instigating the investigation and disciplinary procedure related in any way to Mr Goss's membership of a trade union or to the victimisation complaints.

Ryanair, he said, had received a number of complaints from UK pilots based in Stansted alleging that Mr Goss made threatening and intimidating phone calls warning pilots not to accept positions on new aircraft to be based in Dublin. Ryanair had an obligation to its employees to investigate such claims.