Employee takes Microsoft to court

A production unit manager with Microsoft Ireland Operations Ltd, who had been told there were complaints about his aggressive management style and who was allegedly suspended last May, began High Court proceedings against the company yesterday.

Mr Paul Walsh, Longford Place, Monkstown, Co Dublin, who joined the company in 1990 as a tester earning €12,000 a year, achieved several promotions before becoming production unit manager with responsibility for 200 employees at the company's plant at Sandyford, Dublin.

Mr Walsh wants declarations that his suspension on May 24th last was in breach of the terms and conditions of his contract of employment.

He is also seeking a declaration that the company, in processing allegations of bullying by him, was obliged to process them strictly in accordance with procedures contained in its policy on bullying. He is also seeking damages for alleged breach of contract.

Microsoft has denied the claims. Mr Rory Brady SC, for Mr Walsh, said one of his client's complaints was that those who carried out an investigation into them and those making decisions to sanction him afterwards had pre-judged the issue and violated his right to fair procedures.

In June 2000, the person who was effectively Mr Walsh's manager announced that he was to be her successor. For some time, Mr Walsh was essentially acting manager in her absence. That person went on sick leave in January 2001 and has since left the organisation.

In February 2001, Mr Walsh was informed there were complaints about his management style.

He was told by the person performing the previous manager's duties that she had had four complaints and that the human resources section had four other complaints. The complaints were described as being about his aggressive behaviour.

Mr Walsh asked for details of the complaints but was refused details. He was referred to one incident but was later told it had been investigated and been established as being unfounded. At a further meeting, he was informed the complaints were down to two.

Following correspondence and e-mails, Mr Walsh was told on May 24th, 2002 that he was being formally suspended from work on full pay. A disciplinary meeting planned for May 22nd had never taken place.

The hearing, which opened late yesterday before Mr Justice O Caoimh, is expected to last two weeks.