Aer Lingus cabin crew seeks injunction preventing termination of his employment
An Aer Lingus Cabin crew member has launched High Court proceedings aimed at preventing his employer from terminating his employment.
The action has been brought by Lorcan Delaney, who claims Aer Lingus took action against him after the Dublin Airport Authority declined to re-issue his airside access card following a Garda vetting process.
He requires the card to access secure areas in the airport.
He had initially been placed on unpaid leave, after an issue over the card's renewal arose, last December.
Represented by Marguerite Bolger SC, Mr Delaney claims his employment was terminated in recent days.
He does not know why Aer Lingus escalated matters for a suspension to a termination, and what procedures were implemented in his situation.
Mr Delaney, who has worked for the airline since 2015, said in a sworn statement that he went to renew his card last December.
As part of that process he had to undergo Garda vetting. He said that an issue was raised during that process.
It relates to a summons Mr Delaney received concerning an allegation that he was allegedly found in possession of a controlled drug, cannabis and MDMA for personal use, contrary to Section 3 of the 1977 Misuse of Drugs Act at a music festival at Slane Castle on June 8th 2019.
That summons remains pending before the District Court and Mr Delaney says that if he is not convicted of the offence and if it is dealt with under the Probation Act, no conviction will appear on any future vetting certificate that he might apply for.
He said that he was aware that other Aer Lingus staff who were summoned to court for non minor road traffic offence did not have their employment terminated.
After the issue with his card arose he asked Aer Lingus if he could be redeployed to areas at Dublin Airport where an access card is not required. However that application was not successful.
Counsel told the court the decision to dismiss Mr Delaney has been done without any legal or contractual basis nor any recourse to the airline's detailed disciplinary procedure.
Counsel said Aer Lingus have claimed that a requirement to have an access card is fundamental terms of her client's contract of employment.
However the requirement is not mentioned in his contract, nor is any reference made to any consequence arising from issues raised during the Garda vetting process.
In his proceedings Mr Delaney of Castlefarm, Swords, Co Dublin seeks various orders against Aer Lingus including one preventing the airline from terminating his employment.
He also seeks an injunction preventing Aer Lingus from treating him as being otherwise than employed with the airline, and that it continues to pay him his salary and benefits.
He further seeks declarations from the court that his purported termination is null and void, and that the remains employed as cabin crew.
The action came before Ms Justice Leonie Reynolds on Wednesday who granted Mr Delaney's lawyers permission to serve short notice of the proceedings against the airline.
The case comes back before the court on Friday.
