Firm director in `spy' claim not dismissed, court told

A company managing director who claimed her employers had hired a private investigator to "spy" on her has not been dismissed…

A company managing director who claimed her employers had hired a private investigator to "spy" on her has not been dismissed, the High Court was told yesterday.

Ms Annette Mink (39), The Garden House, Kilruddery, Bray, Co Wicklow, has taken proceedings against Europ Assistance (Ireland) Ltd, Clanwilliam Square, Dublin, and Europ Assistance Holdings Ltd, Croydon, Surrey.

She is seeking an interlocutory order - an order continuing to the hearing of the action - restraining the companies dismissing, demoting or removing her from her position as managing director and secretary of the Irish company.

When the case resumed before Mr Justice McCracken yesterday, counsel for the companies said Ms Mink was not dismissed and was still the managing director.

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Mr Paul Fogarty said his clients were also prepared to pay Ms Mink as and from yesterday.

Mr Ercus Stewart SC, for Ms Mink, said his client's salary had to be paid as and from September 21st last. The hearing was adjourned for a week to allow counsel for the companies to take instructions in relation to the submission that Ms Mink should be paid from September 21st.

It was agreed to hold an early board meeting of the Irish company to discuss the situation and that Ms Mink should not return to work pending that meeting but should be paid.

It was submitted on behalf of Ms Mink that she was certified sick on May 5th. She was later certified to return to work on September 21st and did return. The UK managing director, Mr Paul Monks, had directed she should not return but should go to a meeting in England. She did not go. She had not received pay since the end of August last.

Mr Stewart said that in July his client discovered she was being watched and that a "spying operation" was carried out for three days. Ms Mink believed the "spying operation" was carried out on behalf of the companies. Her mental state relapsed as a result.

Mr Monks said on affidavit he was greatly concerned about Ms Mink's conduct, which indicated a failure to appreciate and perform her duties and obligations and a wish to hamper day-to-day operations of the Irish company.