Friday 28 November 2014

Rabobank manager on sick leave since January secures injunction stopping bank dismissing him

Published 30/04/2014 | 17:32

Rabobank  Headquarters
Rabobank Headquarters

A CREDIT manager with Rabobank has secured a temporary High Court injunction preventing his employer from dismissing him.

Colin Browne, who has been out on sick leave since January of this year, claims Rabobank Ireland plc intend to dismiss him from his position because he has not attended internal disciplinary hearings that arise out of his absence from work.

His lawyers say Mr Browne with an address at Forest Park, Celbridge, Co Kildare, who has been medically certified as unfit to attend work due to stress, was unable those hearings due to his illness.

A father of three young children, Mr Browne said he has supplied sick certs to the bank. A doctor employed on behalf of the company, who Mr Browne attended last January, had found he was fit for work.

However, Mr Browne says that in light of the conflict of medical evidence his employer should have sought a second opinion. In addition, the bank's doctor did not review Mr Browne following his one and only visit.

At the High Court, Mr Justice Paul Gilligan granted Mr Browne a temporary injunction preventing the bank from terminating his employment.  The injunction was granted on a one side only represented basis.

Patricia Dillon SC, for Mr Browne, said her client had been out on sick leave since the middle of January. He had not been paid for some time and was in a dire situation, counsel added

Mr Browne, counsel added, had been made aware of the bank's internal disciplinary and investigative proceedings brought arising out of his non-attendance at work. However due to his illness he was not able to attend those meetings.

He was informed in early April of the bank's intention to dismiss him.  Counsel added that since then several requests made to the bank on Mr Browne's behalf by his solicitor had not been responded to.

The matter comes back before the court tomorrow.

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