Court refuses to grant injunctions requested by factory manager against employers

The High Court has dismissed an application to grant injunctions sought by a meat factory production manager who claimed he was unfairly suspended by his employer.

Alvaro Carvalho had sought orders against his employer Carroll’s Cuisine Unlimited Company, based in Tullamore, Co Offaly which processes and packages meat products for sale in Ireland and abroad.

The company opposed the application and denied his claims.

In her judgment Mr Justice Eileen Creedon said she was not satisfied to grant Mr Carvalho of Harbour Drive, Tullamore, Offaly the injunctions he wanted put in place pending the outcome of his dispute against his employer.

The Judge said he had sought orders including quashing parts of a report complied following an investigation after he was suspended from his job last October on the grounds it was flawed and conducted in the absence of fair procedures.

While Mr Carvalho had raised a fair issue to be tried, the issues raised were best left for the judge hearing the full dispute.

The judge said other injunctions sought by Mr Carvalho including an injunction directing the company to conduct an independent investigation into his suspension were also refused.

The Judge added she was taking into account factors including that Mr Carvalho was not in peril of losing his job, and assurances had been given by his employer that the terms and conditions of his employment had not been altered.

The Judge who reserved costs in the matter, adjourned the case to a date in January.

The court had previously heard Mr Carvalho made a protected disclosure after he was suspended about alleged food safety breaches to Food Safety Authority of Ireland.

The company "strenuously denies" all allegations it has breached food safety standards and says it takes its obligations in that regard "very seriously." It has contacted the FSAI and the Department of Agriculture about the allegations and denied all claims made against it by Mr Carvalho.


 

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