Cork engineer takes court action to prevent dismissal from IT security firm

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Cork Engineer Takes Court Action To Prevent Dismissal From It Security Firm Cork Engineer Takes Court Action To Prevent Dismissal From It Security Firm
The action has been brought by Xavier Mariault against Sonicwall International Limited, which the court heard specialises in network security, secure remote access, and data protection
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High court reporters

A solutions engineer with a company that specialises in internet security has brought a High Court action aimed at preventing his purported dismissal from his job.

The action has been brought by Xavier Mariault against Sonicwall International Limited, which the court heard specialises in network security, secure remote access, and data protection.

His counsel Eoin Clifford SC, with Cian Cotter BL told the High Court his client commenced work with the defendant, which is based at Mahon Citygate in Cork in July 2021 and had a probationary period of six months.

His probationary period expired in January of this year, was not extended, and he continued to fulfil his duties with the company, counsel said.

Probationary period

Last March his client was called to a meeting and was told by a representative of his employer that there had been issues with his performance during the probationary period and a decision has been taken to dismiss him, counsel said.

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The court heard that Mr Mariault, of Classes Lake, Ovens Cork, was shocked by this decision, and he claims that his overall appraisal was positive.

Nothing had been said to him about not making his relevant targets during the probationary period, which he said he had passed two months prior to the meeting.

He claims how he was allegedly treated by the company was allegedly unprofessional and distrustful. He also claims that the summary termination of his employment was in breach of the company's owns policies and procedures.

He also claims that he is entitled to be treated as if he has a contract of employment of indefinite duration.

He also claims that he was not given the reasons for his purported dismissal, which he contends is untenable.

No proper steps or procedures, including a disciplinary process, were taken by the company he has alleged before it was decided to terminate his employment.

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The defendant company has said in correspondence to Mr Mariault that his employment has been lawfully terminated.

As a result, he has sued his employer and seeks an injunction preventing the company from terminating his contract of employment, and that it continues to pay his salary and benefits as they fall due.

The matter came before Ms Justice Emily Egan on Friday, who granted on an ex-parte basis Mr Mariault's lawyers' permission to serve short service of the injunction proceedings on the defendant company.

The matter will return before the court in a weeks' time.

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