The High Court dismissed an employee’s application for an interlocutory order requiring his employer to reinstate an independent investigation into allegations of misconduct. The court said the relief sought was not appropriate at this stage of the proceedings.
In a judgment delivered on 3 October 2012, Ms Justice Laffoy said the main action concerned whether the employee’s suspension was proper. The request to resume the investigation was an interim application, and the court could not use it to bring finality to the allegations.
The employee had been placed on paid suspension in July 2011 after the company raised concerns about the alleged taking of confidential information. He denied wrongdoing. The company later appointed an investigator, who was paid by the company, to examine allegations including the alleged acquisition of commercially sensitive information and a claim that the employee had failed to follow instructions. The employee and his solicitors took part in the investigation, while seeking clarification of one allegation.
In June 2012, the company terminated the investigator’s appointment, citing delay, and said it intended to appoint a replacement. It also said further matters, including the employee’s attendance at a trade show in Paris and his involvement with a food production company, required investigation. The employee sought an order restoring the original investigator so that he could complete his work.
Justice Laffoy said there was, for the purposes of the application, a contractual basis for the employee’s participation in the investigation. She also said she would not accept that an employer could end such a process without good reason. However, the company had a genuine complaint about the time taken, and the court could not conclude that the employee had shown a strong case that the termination was wrongful.
The judge added that reinstating the investigator would not necessarily resolve the dispute. The company had indicated it might pursue other allegations, and it would not be bound by any sanction recommendation. Questions about the employee’s rights to a disciplinary hearing or appeal under the company handbook might also remain.
The court dismissed the application. It did not decide the underlying question of whether the suspension was proper or determine whether the misconduct allegations were established.