The Heelers Diaries

the fantasy world of ireland's greatest living poet

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Location: Kilcullen (Phone 087 7790766), County Kildare, Ireland

Sunday, March 29, 2009

sunshine lollypops and roses

An apparent well wisher has forwarded the following rather finely written Irish Times news article to me. It first appeared in The Irish Times in the Autumn of last year. I reproduce it without permission. I know there will be no problem. The Irish Times has never asked permission when reusing, rehashing, purloining or proroguing any of my work.

NEWSPAPER MANAGER SECURES INJUNCTION TO STOP DISMISSAL
From The Irish Times Fri 26/09/08
THE SENIOR advertising manager of a well known provincial newspaper has secured a High Court order restraining his employers from terminating his employment.
At the High Court yesterday, Raymond McGowan, who has worked for the Leinster Express since 1969, secured a temporary injunction preventing Leinster Express Newspapers Ltd, Johnston Press Ireland Ltd, Main Street Naas, Co Kildare, and Leinster Express, Dublin Road, Portlaoise, Co Laois, from dismissing him from his position.
Mr McGowan claims that no reason was given to him as to why his contract has been terminated and he has been left "greatly upset and traumatised."
The court also made an order restraining the firm from appointing any person to Mr McGowan's position with the company or from assigning his functions and duties to anybody else.
Mr Justice Peter Charleton said he was satisfied to grant the interim injunction, which was made on an ex parte (one side only) basis. He made the matter returnable to early next month when the new legal term begins.
Ercus Stewart SC told the court that his client was not informed by the newspaper as to why his contract was being ended. He said the decision was a breach of Mr McGowan's rights.
His client's role as the senior advertising manager at the newspaper group involves managing the advertising accounts.
In an affidavit to the court, Mr McGowan said he was informed that his contract was terminated by the firm's regional managing director Debra O'Neill on September 19th.
He said he was not given any reason nor was he furnished with any document. He said Ms O'Neill was unable to say if the termination had anything to do with the performance of his duties.
He claims that in late August, he was called into Ms O'Neill's office for a chat. During that brief meeting, Mr McGowan said she told him that if he "went down the legal route" he "would not get much after legal costs" and that Johnston Press would have itself well prepared if he took that option.
He claims he was asked to consider an offer of one and a half year's salary. At a following meeting with Ms O'Neill some days later, Mr McGowan said he asked for clarification of the proposals in writing.
On September 12th he was furnished with a severance agreement and was given four days to decide. Mr McGowan sought legal advice.
However on September 19th, he was informed by Ms O'Neill that his contract was being ended.

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