Irish Biscuits to pay €25,000 for video dismissal

An Irish Biscuits worker who was put under video surveillance by her bosses when she was out sick with an occupational injury has been awarded over €25,000 damages by an Employment Appeals Tribunal.

The tribunal found the company did not have reasonable grounds for firing Margaret Lawler of Meadowgate, Knockmullen, Gorey, Co Wexford and it did not use fair procedures in doing so.

In a finding that is strongly critical of Irish Biscuits, the tribunal said the company was alleging "in essence, that she was faking her injury".

Ms Lawler said she had worked in the warehouse since January 1994. She suffered a back injury in an accident at work on June 30th last year and was sent home.

She went to her GP, who gave her an injection for pain in her lower back, prescribed anti-inflammatory dugs and pain killers and certified her unfit to work.

On July 6th, she received a letter from Irish Biscuits telling her to attend the company doctor the following day and warning her that failure to do so could lead to disciplinary action.

Ms Lawler was unable to attend and appointment was re-scheduled for July 14th. In the meantime the company had set up three days of covert surveillance using a private investigator.

The result was about two minutes of video footage showing Ms Lawler walking short distances, carrying a box and some dry-cleaning and getting into a car.

When she went to the company doctor, she wasn't allowed into the surgery and was told to attend a meeting with the employee relations manager.

She was handed a letter telling her that "certain matters" had come to the attention of the company concerning the "veracity of [ her] assertions". She was shown the video and dismissed.

The tribunal said it was incredible that she should be invited to a medical examination and find herself instead press-ganged into a disciplinary meeting.

Ms Lawler's GP told the tribunal that she might have been wiser from a medical point of view not to have done what she was seen doing. But she was able to do it because of her medication and her actions were not inconsistent with her back complaints.

The tribunal said Irish Biscuits had declined to seek any medical advice or opinion, notwithstanding that it was readily available. It awarded Ms Lawler €21,000 for unfair dismissal and €4,050 damages because she had not been given notice.

The former manager of a Co Leitrim disability company has been awarded €58,000 in compensation by an Employment Appeals Tribunal that found she was constructively dismissed.

Catherine McGuinness of Belmont Heights, Drumsna had been manager of the Leitrim Association of People with Disabilities from May 2002 until she resigned in 2004 claiming she was "demoralised and exhausted".

In its determination, the tribunal said there had been a "general undermining" of Ms McGuinness's role and her relationship with fellow staff, the board of directors and management.