Tom Clayton, a senior executive at a refrigeration unit installation company, Novum Overseas Limited, has initiated action in High Court with the aim of stopping his employer from further extending his alleged lay-off. Mr Clayton argues that the lay-off is not legitimate, asserting it to be an attempt by the firm to force him out.
In his former role, Mr Clayton served as the CFO of Forfas, Ireland’s national policy advisory board for enterprise, trade, science, technology and innovation. He began his 135,000 Euros per annum role at Novum Overseas Limited a year ago. He asserts that in recent weeks, he was informed, without a valid explanation, of a temporary lay-off that would last six to eight weeks. His employers also allegedly suggested he apply for Jobseekers’ Allowance.
The imposed lay-off, according to Clayton, has not only deprived him of his salary, leading to severe financial hardship, but has also tarnished his reputation. Clayton further states that his role was downgraded after joining the company last year, which he views as a significant deviation from his initial terms of employment.
Clayton has requested assurances from the firm, which include an end to his supposed lay-off and a return to his paid employment. He claims that the firm has failed to provide such assurances. Moreover, he was informed by his employers that they are contemplating redundancy for him.
This action, according to Clayton, proves that the firm has already decided on their course of action and aim to terminate his employment using a fraudulent redundancy scheme. He seeks multifarious court orders, including one preventing the extension of the alleged lay-off period further into this week.
Moreover, he is requesting orders that mandate the company to pay him all of his contractual entitlements and allow him to carry out all his contractual responsibilities. If approved, these orders would hold until the conclusion of the legal action.
Mr Justice David Nolan, who presided over the matter on Wednesday, allowed Clayton’s lawyers to deliver short notice of his application to the defendants. The matter is set to be heard in court later this month.