Tom Clayton is the group corporate finance executive of Novum Overseas Limited.
He claims that the lay off is “not genuine” but is an attempt to “exit him” from the company.
Mr Clayton – who the court heard was previously the CFO of Forfás, the national policy advisory board for enterprise, trade, science, technology and innovation in Ireland – commenced working his €135,000 per year plus benefits job with the defendant last year.
He claims that several weeks ago the company, without explanation, informed him he was being temporarily laid off for a six to eight-week period.
He also claims he was told by his employers to apply for jobseeker’s allowance.
He claims the lay off has left him without salary, in financial dire straits, and has damaged his reputation.
He also claims that after agreeing to go to work for the company last year, his role was downgraded, in what he alleges was “a fundamental rollback” from the terms of his employment.
He sought undertakings from the company, including that his purported lay-off be brought to an end, and that he be restored to his paid employment.
No such undertakings were furnished by the defendant, he claims.
He was subsequently informed in correspondence from his employers that it is considering him for redundancy.
He claims this shows that the defendant has already made up its mind and wishes to end his employment by way of “a sham redundancy”.
As a result, he seeks various orders from the court including an injunction restraining the defendant from extending the purported period of layoff beyond this week.
He also seeks orders requiring the employer to pay him all his contractual entitlements, and that he be allowed to fulfil all his contractual duties with the defendant.
The orders, if granted, would remain in place pending the outcome of the action.
The matter came before Mr Justice David Nolan who granted Mr Clayton’s lawyers permission to serve short notice of his application on the defendants.
The matter will return before the court later this month.
