The Complainant was appointed to the position of harbour master at Killybegs Fishery Harbour Centre in 1996. One of the terms and conditions in his contract of employment stipulated that the Complainant could not be “connected with any outside business which would interfere with the performance of his official duties”.

Despite this condition, the Complainant was a Director and 1% Shareholder of North West Marines Services Limited. The Complainant also provided commercial pilotage services to vessels using the harbour.

The main issue analysed by the court was whether or not the Complainant was entitled to carry out these activities, and whether he did so for personal gain. The Complainant submitted that prior to setting up NWMS, he had piloted vessels without remuneration and that he was involved in NWMS to secure insurance cover for commercial pilotage work and to provide cover for the department. This explanation was not accepted, and the Complainant was then dismissed from his position by the government.

The High Court refused to grant the Complainant an order of certiorari quashing the government’s decision. In the Court of Appeal, the Complainant alleged that the government’s decision was based on an investigation process which was unfair as this did not have regard to his right to Constitutional/natural justice.

However, Ms Justice Costello in the Court of Appeal was satisfied that the Complainant had been afforded fair procedures throughout the disciplinary process which led to his dismissal.

The Court rejected arguments regarding the alleged “objective bias” of the personnel officer of the Department who carried out the investigation. Therefore, The Complainant’s appeal was dismissed.  
https://beta.courts.ie/view/judgments/c117aad2-576b-4668-b7c3-7e588466e8f2/48bef330-d6ec-4bfb-a87d-7ed81d38b972/2019_IECA_299_1.pdf/pdf