The US embassy and ambassador have claimed diplomatic immunity in an unfair dismissal case taken against them.
An order was made at the Employment Appeals Tribunal yesterday to allow proceedings to be amended and to be taken instead against the government of the US. It was re-entered and will be heard at a later date.
Nobody from the US embassy attended the brief hearing. The case for unfair dismissal is being taken by Ms Nora Farrell, who was a human resources specialist for seven years at the embassy until last October.
Mr Tom Mallon, counsel for Ms Farrell, said Mr Mark Perry, embassy administration, had alleged Ms Farrell had had a relationship with a colleague at the US embassy in Rome and this had undermined her authority with the staff. This was denied.
Mr Perry did not abide by any procedures and he acted outside his remit, Mr Mallon said. Ms Farrell underwent medical treatment because of stress and she was unfit for work. The embassy claimed she abused the sick leave policy and had left work but Mr Mallon said they denied that.
Mr Mallon said they had written to the US embassy a few weeks ago and the ambassador, Mr Michael Sullivan, replied that all correspondence should be sent through solicitors.
Mr Mallon said the manner in which Ms Farrell was dismissed, the reasons for it, and the lack of opportunity for her to respond were contrary to the labour laws in this country.
Ms Farrell was given six weeks' pay in lieu of notice after her dismissal, Mr Mallon said. She was sending in medical certificates until December.
The chairman, Mr Peter O'Leary, said the tribunal had received a letter from the Department of Foreign Affairs outlining the embassy's position. There was an issue of diplomatic immunity but the US had not said it was relying on sovereign immunity.
Mr Mallon said that during Ms Farrell's training in Washington a manual on human resources for locally employed staff stated that as an employer, the US government overseas had to comply with US government law and local labour law.
Under the Vienna Convention the US government must abide by local labour laws. He would argue Ms Farrell was advised in Washington on this policy and this was a waiver.
"The Department of Foreign Affairs does not claim sovereign immunity but does claim diplomatic immunity," Mr Mallon said.
He asked the tribunal for an order permitting an amendment of the name of the respondent from the US embassy and the ambassador to the government of the US.