An order restraining Boston Scientific Ireland Limited from giving effect to the purported dismissal of its human resources manager from her £46,000 (€58,400) post was issued by the High Court yesterday.
Mr Justice O'Sullivan granted the order to Ms Mary O'Shaughnessy, of Sli na Mara, Kingston Road, Galway, against Boston Scientific which employs 1,500 people at its plant at Ballybrit Business Park, Galway. The company is a subsidiary of Boston Scientific Corporation which is engaged in the development and manufacture of medical devices.
In an affidavit read to the court by her counsel, Mr Ercus Stewart, SC, Ms O'Shaughnessy claimed she took up employment with Boston Scientific in Galway under a letter of appointment of March 28th, 1997, was appointed human resources manager and successfully completed her six month probationary period. However, in August, 1998, she said she was told by Mr Kevin O'Reilly, director of Human Resources with Boston Scientific, that he had received very negative feedback about her and that he wanted her out of the company by November 1st, 1998. She later received a letter stating the company wanted her to leave its employment by November 20th, 1998. She denied she had agreed with Mr O'Reilly that she would leave the company before the end of 1998.
She claimed the purported justification for her removal was "clouded in secrecy" in that, while there were intimations of dissatisfaction, no single complainant was identified and the specifics of their alleged complaints was similarly obscured. She had not accepted she was arrogant and there was absolutely no justification for her purported dismissal which was oppressive and unjust.
In another affidavit, Mr O'Reilly said Ms O'Shaughnessy had direct human resource responsibility for about 800 employees. He claimed she displayed the necessary capabilities for this role during her initial weeks of employment and he had told her at that time of his satisfaction with her performance.
But, shortly thereafter, Mr O'Reilly said he became aware that Ms O' Shaugnessy's "style" of dealing with the people who reported to her, and also her dealings with certain supervisors and managers was having an "unsettling negative effect" on the company's business.
He raised these concerns with Ms O'Shaughnessy who worked hard up to the end of her probationary period in December, 1997, to overcome the "unacceptable performance" that had been identified. He took the view the initial problems had been overcome and confirmed her position as a permanent employee.
He said Ms O'Shaugnessy over the following months continually checked with him over decisions she had to make and they developed a good working relationship. However, her performance again deteriorated and in July, 1998, during a social function, he was surprised at the number of unsolicited comments from various employees about her "unapproachability".
In August, 1998, he had advised Ms O'Shaughnessy he could see no future for her in the company. She had said she would leave but asked for time to repair the "damage done". It was agreed she would be allowed to leave the company gracefully. He said it was later agreed she would leave by November 1st, 1998, and it was only about November 4th, 1998, that she took exception to what had been agreed.
Mr Justice O'Sullivan granted an order restraining the company from giving effect to the purported dismissal of Ms O'Shaughnessy as human resources manager. The company is also restrained from dismissing her from the position other than in accordance with its own disciplinary procedures and from appointing any person other than her to that post on a permanent basis.
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