McGettigan (Louis) v Short Brothers PLC
| Jurisdiction | Northern Ireland |
| Judge | Her Honour Judge McReynolds |
| Judgment Date | 2011 |
| Neutral Citation | [2011] NICty 4 |
| Court | County Court (Northern Ireland) |
| Date | 16 December 2011 |
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Neutral Citation No. [2011] NICty 4 Ref:
Judgment: approved by the Court for handing down Delivered:
16/12/11
(subject to editorial corrections)*
AFTER REMITTAL, IN THE COUNTY COURT FOR THE DIVISION OF
BELFAST
BETWEEN:
LOUIS McGETTIGAN
-and-
SHORT BROTHERS PLC
Her Honour Judge McReynolds
[1] Upon remittal from the High Court I heard evidence in respect of this
matter at Laganside Court on 20 October 2011.
[2] The background is that the Plaintiff is a 56 year old man whose father
was born and raised in Northern Ireland and whose mother was
Belgian. The Plaintiff’s religion is Catholic and he was raised and still
lives in West Belfast. As a teenager he completed an engineering
training course and apprenticeship in East Belfast and found
employment in heavy engineering in East Belfast at the Mackie
Foundry. He has been employed by the Defendant as an aircraft fitter
for around 24 years. He is married and has raised a very respectable
family. He describes having very much enjoyed his years with the
Defendant Company and appears to have managed to remain largely
unaffected by any negative issues arising from the difference between
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his religious and cultural background and that of the majority of other
skilled workers within this workplace and indeed that which prevailed
in his previous employment. Both workforces would have been
predominantly protestant.
[3] Evidence was given that in Spring 2005, another employee of the
Defendant, namely P. B., also a Catholic, and employed as an aircraft
fitter, sold a car to another employee of the Defendant, JB, who was a
Protestant. PB had a side-line trade as a car dealer. In the context of
negotiations PB met JB in the Defendant Company’s car park during
darkness. PB subsequently reported to the Defendant Company that
during this meeting JB produced an AK47 from under a blanket on the
back seat of his car and asked PB to buy it for £600.00.
[4] The court heard evidence that PB reported to his employers that he
received threats and, in particular, reported that he had found in his
work locker an envelope containing a live bullet, and a sympathy card
with a threat which stated “we no who you lawnder money for, your
names on this one taig beware.” PB indicated that he reported this
incident through his lead hand to his manager Gary Smith, who
reported it to the Head of Security, Mr Balfour. It is accepted that Mr
Balfour passed the report to the Harbour Police. Evidence was led that
PB received threatening text messages suggesting he would be
attacked at or about his workplace.
[5] Evidence was led that the Plaintiff inadvertently became embroiled in
the situation involving PB when he too bought a car from PB, a matter
which would naturally have become common knowledge within the
plant.
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