'Humiliated' assistant awarded €900

A former personal assistant to businessman Lochlann Quinn has won her case for unfair dismissal at the Employment Appeals Tribunal (EAT) because Mr Quinn did not give her sufficient notice.

However, the tribunal found Mr Quinn had "substantial grounds" to dismiss Jane O'Byrne and had been a "very fair and reasonable employer". Ms O'Byrne was awarded €900 by the EAT.

Mr Quinn made his personal assistant redundant in March 2005, after she had worked for him for almost four years. The deputy chairman of Glen Dimplex, represented at the tribunal by Marcus Dowling, told the hearing in April that his personal business affairs had become very complex and he needed a chartered accountant rather than a personal assistant.

He hired an accountant and, just before lunchtime on March 29th, told Ms O'Byrne he would no longer need her. He gave her a cheque for nine months' salary and, when she asked when she should leave, he said "today".

Mr Quinn told the tribunal he had handled the dismissal that way as he thought Ms O'Byrne might get upset in the office.

The EAT, chaired by Mark O'Connell, found the redundancy was genuine. "So, in the circumstances, and having regard to Section 6 of the Unfair Dismissals Act, 1977, there were substantial grounds to justify the dismissal of the claimant."

It continued: "To his credit, the respondent [Mr Quinn] treated the claimant extremely well during her employment."

The EAT ruling pointed out that Mr Quinn, had paid Ms O'Byrne "very well"; had reacted with support when she experienced personal difficulties; had given her a redundancy payment which "significantly exceeded" the requirements; had written her a flattering reference; and had offered to arrange further employment.

However, it noted "with regret" Ms O'Byrne, who was represented by Conor Power, was not given her legal entitlement of a minimum of two weeks' notice, and said there was "no good reason" for this.

The tribunal accepted Ms O'Byrne's claim she was "humiliated" by the way she had been dismissed. "Quite naturally, she was conscious of what her friends, acquaintances and other potential employers might think on learning that she had been dismissed at lunchtime on March 29th, 2005, with barely enough time to clear her desk."