A High Court judge has said a dispute over disciplinary moves against the only full-time employee of the Cork LGBT+ Pride Festival CLG is “crying out for mediation”.
Mr Justice Brian Cregan made the comments when granting an extension of time to the festival to file its defence against Kery Mullaly, a business developer who was employed to prepare and obtain sponsorship of the city’s annual pride festival.
In June, the court granted an injunction lifting his suspension more than a year ago over allegations of misconduct pending full hearing of his action.
Mr Mullaly, of Market Street, Thomastown, Co Kilkenny, says he was suspended on September 13th last year without any prior notice of eight misconduct allegations against him, which he vehemently denies.
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The allegations include that he attended the Electric Picnic festival while on certified sick leave, that he had “no regard” for the chairperson and board members and that he was aggressive and pressuring to Irish Water when seeking their sponsorship.
It was also claimed unnamed members of the festival board were approached by unnamed sponsors complaining about Mr Mullaly’s behaviour and withdrawing sponsorship.
The board later decided the investigator would only look at three allegations including the Electric Picnic attendance and his contract of employment.
It is alleged the worker himself drafted his contract, giving him €2,000 a month for work on preparing the festival and €100 an hour for work on securing sponsors and fundraising streams. He said the contract was reviewed and signed by the then treasurer of the board.
He said, in an affidavit, he worked with the festival since 2011, first as a volunteer and later as an independent contractor. In 2021, he was made an employee by the board.
He said the allegations against him were contrived to cause him maximum stress and anxiety, which they have done. He believed they “could be seen off quickly” and he would be back to work in time for the 2025 fundraising round.
Despite extensive communications from his trade union representative and his solicitor to the board, no steps have been taken to address matters, he said.
In June, Mr Justice Brian Cregan granted him injunctions lifting his suspension and restraining the board from imposing any disciplinary sanction on him other than in strict compliance with his contract, natural justice and fair procedures, pending a further order.
The judge said it was “an extraordinary and regrettable tale”.
When the case came back before the judge on Thursday, he was told the defence was late in filing papers and Mr Mullaly’s side had agreed to an extension to next month.
The judge was told there had not been any mediation in the case although Mr Mullaly was amenable to it if approached.
“Isn’t it just crying out for mediation,” the judge said.
He approved a new schedule for exchange of papers so a trial date can be set and he adjourned proceedings to next month.
He said he expected to be told on the next day that the parties were going to mediation and when.
