A sub-committee of Aer Lingus board members, which met today to consider the position of chief executive Michael Foley, has advised him not to attend work or perform his duties while the committee carries out its continuing deliberations.
Yesterday's report by another sub-committee into allegations of sexual harassment found against Foley, whose spokesman said today's action did not constitute suspension from his post.
Mr Foley's solicitors are currently considering their next course of action, but his representatives had indicated they would challenge the sub-committee's actions in the courts if any disciplinary action was taken before Foley's appeal against the report's findings was heard.
Foley has said he will not resign and will take whatever measures are necessary to clear his name. This morning, Foley was at his desk at Aer Lingus head office. Sources close to him said the findings in the 64-page report were 'perverse'.
Yesterday's report followed an internal inquiry into allegations of sexual harassment against Foley made by two female employees. The committee upheld the complaints.
RTE has learnt that Foley's representatives have contacted the company's lawyers lodging an appeal to the findings of the first sub-committee's report. In a letter sent last night, Foley's solicitors A & L Goodbody argued that no disciplinary action could take place before the appeal has been heard.
They quoted the company's own guidelines on disciplinary procedure, as entitling any employee to an appeal to be conducted by someone senior to them in the company. Because of Foley's seniority his lawyers argue that only an independent arbitrator could give a fair hearing, and have sought nominations of suitable individuals from the chairman of the Bar Council and the Law Society.
If Foley quits or is forced to leave, the company will have to find a new chief executive - its third in as many years - at a time of falling profits and continuing industrial relations problems.
