Injunction halts dismissal of City Council official

Frances Mullarkey sought the order against Galway City Council for whom she has worked for almost twenty years. In late October she was informed by the Council that she was being dismissed from her post.

At the High Court last Friday, her lawyers told Mr Justice Paul Gilligan that Ms Mullarkey was sanctioned, earlier this year, after certain findings had been made against her following an internal disciplinary process conducted by the Council. The disciplinary process related to the allocation of a house in the city.

Those sanctions included a suspension from her job without pay and a transfer. The court heard she appealed against the findings in particular the severity of the sanctions.

After an appeal conducted earlier this year by the City Manager Ms Mullarkey was informed she was being dismissed.

Counsel Marguerite Bolger SC told the court it was their case the appeal process was "fundamentally flawed", on grounds including it should never have been conducted by the City Manager.

The decision to dismiss her, counsel added, was a "blatant breach" of her clients rights.

Ms Mullarkey of Bawnmore, Claregalway, feared the decision to dismiss her with adversely affect her reputation.

Counsel said her client, who had gone through the process while she was out on sick leave, had no issue in participating in the appeal process, but as long as proper procedures were followed.

Mr Justice Gilligan said he was satisfied to grant orders including a interim injunction preventing the council from purportedly terminating Ms Mullarkey's employment with the local authority.

The council was also ordered not to appoint anyone else to her position nor officially communicate to others she had been dismissed.

The injunction was granted, on an ex parte basis  at the High Court by Mr Justice Gilligan.