Discovery ordered in relation to counselling undergone by suspended employee

High Court - employment law - Officer of National Museum of Ireland suspended on foot of allegations of misconduct - Officer was the subject of disciplinary action in 2006 for acts similar to the allegations now being made against him - Officer underwent psychiatric and psychological counselling arising from his conduct in 2006 - Museum has purported to suspend Officer on the basis, inter alia, that one of the reasons for his suspension is an increased likelihood of him repeating his behaviour as a result of stress etc - Court agrees seeks documents to show that it was correct in this regard - Court agrees with Officer that this is an attempt to justify its decision ex post facto with documentary material that it did not have at its disposal at the time the decision was reached - documents are, accordingly, not discoverable on this basis - Court finds however that documents will be relevant in circumstances where the Officer wins his action for damages and the Court is then obliged to decide whether it will grant him injunctive relief permanently restraining the Museum from requiring him to undergo assessment - Court concerned that if documents provided at this stage, it might colour the evidence of witnesses for the Museum called in relation to the reasons for suspension - Courts decides that the best solution is to order that discovery be made and that the affidavit be placed under seal on the Court file.