Company says it did utmost to avoid dismissal

A COMPANY specialising in employment law went “above and beyond our normal disciplinary procedures” to avoid the dismissal of an employee, the Employment Appeals Tribunal was told.

Jean Cogavin (43), Newcastle, Co Dublin, is appealing her dismissal as an employment law adviser by Peninsula Business Services. Graham Macken of Siptu, for Ms Cogavin, said her case would be that the disciplinary procedures were unfair.

Barrister for the company Conor Power said the case was about Ms Cogavin’s “manner and on occasions the advice” she gave clients. It was a case of “continuing major misconduct but less than gross misconduct”.

Ms Cogavin was not a lawyer but had an employment law and human resources background. She worked on the company’s advice phone line offering advice on all aspects of employment law. She was paid €846.15 a week.

Her line manager, Janis Blake, told the hearing the company went “above and beyond our normal disciplinary procedures” to avoid Ms Cogavin’s dismissal.

Ms Blake said Ms Cogavin had received four informal letters of concern, a written warning, an extended written warning (that stayed on her file for a year, rather than an initial six months) and a final written warning, before her dismissal.

Chairman of the tribunal Mark O’Connell said the forbearance and patience shown by the company was remarkable.

Ms Blake described Ms Cogavin as “difficult to deal with, very abrupt in her manner” with colleagues and clients and “more often than not she refused to follow instructions”.

On one occasion the company had to provide a client with €1,500 in free service because they were dissatisfied with the advice.

One client, Carmel Lennon, told the hearing that for six or seven months they had a great relationship with Ms Cogavin. Subsequently she was not happy with the service on a case, and said Ms Cogavin came across as “argumentative and seemed to be reluctant to give me what I wanted”.

She also failed to respond to an email within the company’s promised four-hour deadline.

The hearing was adjourned.