City hotelier seeks court injunction to stop dismissal
Date Published: {J}
By Aodhan O'Faolain
The High Court will this week rule on whether to grant the general manager of Citywest Hotel in Dublin an injunction restraining his employers from dismissing him.
John Glynn (59), who previously managed the Clayton Hotel in Galway, is seeking the High Court order as part of his legal challenge to prevent his dismissal. Mr Glynn claims that Sean Whelan, chairman of the Jim Mansfield Group, which owns Citywest, has been trying to undermine him since last May.
The claims are denied. In an affidavit to the court businessman Jim Mansfield said that Mr Glynn was removed from his role, and offered an alternative position which was refused, due to his own failings.At the High Court on Friday Mr Justice Sean Ryan said that he will rule on Mr Glynn's application for an interlocutory injunction preventing his removal from his position of general manager of the hotel pending the trial of the action next Friday. He is also seeking an order restoring him to his position.
He says he has not been afforded fair procedures and is the victim of a "concerted action" by the defendant to remove him for reasons he is not even sure of.
John Traynor SC for Mr Glynn, Chequer Hill, Barnaslignan Lane, Kilternan, Dublin said his client had been appointed manager of one of the biggest hotels in Europe and had been without salary since his dismissal, without proper reasons being given, on Christmas Eve.
Counsel said that Mr Glynn was entitled to notice and fair procedure. He said that the lowest bottle washer in the hotel's kitchens was entitled to fair procedures yet the "captain of the ship" had "to walk the plank" without the benefit of such procedures.
He said he first became general manager of Citywest in 1998 and successfully operated the venue until 2005 when he left to become manager of the Clayton Hotel in Galway in which he also invested. In August 2008, he said, Jim Mansfield and his wife Anne Mansfield persuaded him to return as general manager of Citywest.
A dispute arose between Mr Glynn and Mr Whelan relating to traffic management issues at Disney on Ice show before Christmas, and Mr Whelan wrote a letter accusing him (Glynn) of acting unprofessionally and demanding an apology.
Mr Glynn said he discussed this with his management team who, he said, agreed it was uncalled for. He then tore up the letter and returned it to Mr Whelan in that condition in what he said was "a moment of weakness"
He said he spoke with Jim Mansfield who informed him Mr Whelan was taking legal advice over the letter incident and three days later he was told by Mr Whelan that following a meeting with members of the Mansfield family, it was agreed he would be immediately dismissed.Michael Howard SC for the defendants urged the court not to grant an injunction, as Mr Glynn had not made out that there is a fair issue to be tried. Counsel argued that affidavits to the court from Mr Jim Mansfielld and Mr Whelan showed that there was serious factual dispute between the parties.
Counsel added that the balance of convenience did not favour granting the injunction and at this stage damages could be seen to be an adequate remedy.
In his affidavit to the court Sean Whelan denied that Mr Glynn was not afforded fair procedures. Mr Whelan also rejected any allegations that his conduct was unprofessional, and claimed that Mr Glynn failed to demonstrate an ability to accept the decisions of his superior. He said that Mr Glynn's employment with Citywest, where he was hired to bring in business to the hotel and conference centre, was not a success due to his own failings.
He said that he told Mr Glynn in November 2009 that he was not happy with his performance and gave him a month to improve the situation or he would have to dismiss him.
Jim Mansfield also said that at no stage was it agreed that Mr Glynn was to be in sole charge of the hotel and conference centre as he had claimed, and Mr Glynn was deeply mistaken in his belief that he had no obligation to report to or take instructions from Mr Whelan.