[article] Chief engineer takes Iarnród Eireann to High Court

[Mark Gleeson]

Chief engineer takes Iarnród Eireann to High Court
04 April 2010 By Kieron Wood

The chief civil engineer of Iarnród Eireann has sued the rail company in the High Court after being sent home from work on full pay.

It is understood that Eileen Kelly was told she would be demoted if she refused to lift a temporary 75km/h speed restriction imposed for safety reasons on the Newbridge-Portlaoise line. Kelly had raised concerns about the effects on tracks of climate change, including the risk of embankment collapse and flooding.

In the High Court, Frank Callanan SC, counsel for Iarnród Eireann, said the case revolved around a ‘‘major operational issue’’ concerning the condition of the track.

However, Oisin Quinn SC, counsel for Kelly, said the case was about the lawfulness of Dick Fearn, the chief executive of Irish Rail, threatening to demote the chief engineer over an issue of safety which was exclusively a matter for the engineer.#

It is understood that the court will consider an expert witness report by an Austrian engineer, Dr Dieter Pichler, co-author of a book on ambient vibration monitoring.

Kelly formerly worked in Germany, Slovakia, Thailand and Taiwan, and is in charge of 59 engineers at Irish Rail. Last November, she was granted an injunction preventing Irish Rail from removing her from her position pending the trial and from appointing anyone else.

The case has been before the High Court for hearing on four occasions. It has now been listed for hearing on April 27.
http://thepost.ie/news/ireland/chief-engineer-takes-iarnrod-eireann-to-high-court-48414.html

[Mark Gleeson]

Some typically poor reporting

The speed restriction was 75mph not 75km/h
The speed restriction was not temporary as it was displayed as permanent trackside and is still in force between Monastervin and Portlaoise

According to my information, Eilleen Wilcock is both Chief Engineer and Chief Civil Engineer. I've never seen any other surname in use on IE and RSC paperwork. Prior to IE the chief engineer worked for the international arm of the German state railway company DB

Remember it was RUI who exposed the speed restriction in the first place, http://www.railusers.ie/forum/showthread.php?t=8735&highlight=newbridge we even told the RSC after all how a line which was safe for 100mph on a Monday could be danagerous the following day doesn't stack up. It wasn't a rush change either staff got several days notice

Punctuality nose dived to shocking levels in the months afterwards

[Mark Gleeson]

Rail worker in safety row paid six-figure sum
Chief engineer settles case after being 'sent home for refusal to waive speed limit on water-risk line'

By MAEVE SHEEHAN
Sunday May 23 2010
IRISH Rail has paid a six-figure sum to its former chief civil engineer, who claimed she was threatened with demotion for refusing to lift a speed limit on a railway line for safety reasons.

The state rail company reached a settlement with Eileen Kelly for a sum believed to be in the region of €200,000. Ms Kelly, who was promoted to chief civil engineer two years ago, sued the company after she was sent home from work on full pay last year. It followed ongoing differences over the level of repairs required on the Newbridge to Portlaoise railway line. The case was settled out of court last month.

The payment is the second substantial settlement made by the state transport company in recent months. The company was ordered to pay €190,000 to another employee when the Equality Tribunal found she had been discriminated against and victimised. The company is also being sued by its former head of human resources, John Keenan, who has claimed that his suspension was linked to his work investigating and exposing fraud in the company. That case is due for hearing in June.

The case taken by Eileen Kelly centred on concerns that the Kildare railway line was at risk from flooding and embankment collapse caused by heavy rain. Ms Kelly commissioned a consultant's report which recommended relaying the track. But Irish Rail commissioned a second report from the same consultant that approved the less costly option of heavy maintenance to the line.

Ms Kelly imposed a 75kph speed restriction on the track for safety reasons and claimed that she was threatened with demotion by the company's chief executive unless she lifted it. She took an injunction against the company in November to prevent her demotion and her position being filled and began legal proceedings that were due to go to full hearing in April.

A spokesman for Irish Rail confirmed that the case with Ms Kelly was settled but said the terms were confidential. Ms Kelly worked for international railway companies in Germany, Slovakia and Thailand before returning to work at Irish Rail.

The boards of Irish Rail and CIE, its parent company, have refused to appear before an Oireachtas Committee on Transport to answer questions on safety and accounting.

They were asked to appear before the committee on June 2 but the request was turned down. The committee resolved to seek new powers to compel witnesses to attend.

CIE chairman, Dr John Lynch and other senior managers have already been questioned by the committee about a consultants' report that disclosed fraud and malpractice that was estimated to have cost the state public transport company almost €2.5m in four years.

- MAEVE SHEEHAN

Sunday Independent

http://www.independent.ie/national-news/rail-worker-in-safety-row-paid-sixfigure-sum-2191284.html

[Mark Gleeson]

I believe that the payout is significantly more than quoted above