€35,000 for saleswoman forced out by company

A Co Louth furniture firm has been strongly criticised by an Employment Appeals Tribunal, which awarded a member of the company…

A Co Louth furniture firm has been strongly criticised by an Employment Appeals Tribunal, which awarded a member of the company's sales staff €35,000 for constructive dismissal.

The tribunal found Furniture Link International Limited, Dundalk Logistics Park, Dublin Road, Dundalk, Co Louth, had failed to act reasonably in its dealings with Carmel Byrne, Lindisfarne Avenue, Bawnogue, Clondalkin.

The tribunal said it was only "on the rarest of occasions" that it came across "a situation where an employer has so blatantly infringed the rights and integrity" of an employee.

Ms Byrne had been employed by the furniture importer and distributor since 2001. She worked as a sales representative in an area from Louth to Wexford and objected to changes in 2006 that meant the loss of three counties in the southeast from her area and also to a restructuring of the commission payments system.

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Ms Byrne claimed that as a result of the changes her sales would be halved and it would mean a loss of earnings of €20,000. She went on sick leave suffering from "stress and vertigo".

The director of operations for the firm told the tribunal the market had changed and the "whole company was in jeopardy". In December 2006 Ms Byrne was sent a letter to terminate her employment due to her "non-co-operation".

He denied Ms Byrne's wages were being reduced by €20,000 and said he would have preferred if she had remained with the company.

The tribunal said it did not refute the right of the company to restructure staffing arrangements and said it was not obliged to consult in detail with workers. "However, the applicant raised a very real fear that her income would drop."

It said that describing her as the "weakest link", telling her she was "dishonest" and calling her in for spurious meetings did nothing to alleviate Ms Byrne's concerns.

She was forced into a situation where she had no alternative but to hand in her resignation, the tribunal found.