A former senior manager with Microsoft's Ireland operation has been awarded damages which could amount to €200,000 by the High Court after it found she had suffered a psychiatric condition as a result of the company unlawfully breaching her contract of employment.
Breda Pickering (43) of Knockbracken House, Bishops Lane, Kilternan, Dublin, had sued Microsoft Ireland Operations Limited for alleged negligence, breach of contract and failure to get her redundancy entitlements and stock options. The defence had denied the claims.
The court heard that Ms Pickering, who was the Dublin-based head of Microsoft's European localisation division, spent 13 years with the company and, through the realisation of stock options, amassed more than €13 million during that period.
Speaking from her Spanish home after Mr Justice Esmond Smyth's judgment yesterday, Ms Pickering told her solicitor that she felt vindicated by the court's decision and felt justified in brining the case.
It was claimed by Ms Pickering that June 1999 had marked the beginning of her being "frozen out" of the company.
This was when she was told the US and Ireland localisation divisions of Microsoft were being amalgamated. She was told she was wanted at the helm of that and that she would be responsible for Microsoft's localisation operations worldwide.
She had said she wanted the promotion but asked if she could do it while remaining in Ireland. She claimed she was told that would be discussed. However, in September 2000, Ms Lori Brownell had secured the promotion.
It was claimed on behalf of Ms Pickering that, from October 2000 until January 2001, her role and position in Microsoft was undermined and the mutual trust and confidence between her and her employer had gone.
She also claimed she was told she could not avail of a RIF (Reduction in Force) package which could have provided a means of re-slotting her into another position in the company.
She said that, on January 26th, 2001, while celebrating her birthday in Ashford Castle, she received a phone call from Mr Soma Somasegar, corporate vice-president of Microsoft, to say that she would not be able to avail of a RIF package, and that this news triggered a nervous breakdown.
In his reserved judgment, Mr Justice Esmond Smyth found that Microsoft, in its conduct and treatment of Ms Pickering, had breached her contract of employment.
He ruled Microsoft had unlawfully terminated and or constructively dismissed Pickering from her employment.