Former Evening Herald political correspondent Mairead Carey, whose employment contract was terminated in April 2000, has been awarded €52,226 damages in the High Court against Independent Newspapers for breach of contract.
The court had been told she was paid off on the basis that an arrangement whereby, for child- minding purposes, she would work from home for the first edition of the newspaper was not working out.
Mr Justice Paul Gilligan, in a reserved judgment, said she was a distinguished journalist with Ireland on Sunday when contacted in September 1999 by former Evening Herald editor Paul Drury about becoming political correspondent for the evening tabloid.
He found Drury had made a negligent representation to Carey by positively affirming that she could work from home in the mornings and failing to advise her by his silence that senior Independent management had serious reservations about this.
Judge Gilligan said this, and the fact that Drury had not advised senior management that Ms Carey could not take up the position if the proposed arrangements were not agreed, or proved unworkable, was the crucial point in the case.
He said Drury was anxious to retain her services and the agreement on morning working constituted a warranty and an inducement to her to give up her job with Ireland on Sunday.
He was satisfied she had left Ireland on Sunday as a result of the representation made by Drury that she could work from home for the first edition. He accepted that without that assurance Ms Carey would not have joined the Evening Herald.
Judge Gilligan said the agreed working conditions were immediately in jeopardy, leading to termination of her employment, when Drury left the newspaper.
No blame attached to Ms Carey as there was no way she could have checked the accuracy of the representation made to her by Drury. She had simply trusted him and relied on what he had said.
Judge Gilligan said he did not consider that Ms Carey had made out a case for injury to reputation. No aspersion had been cast on her capacity and integrity as a journalist and, in particular, on her role as political correspondent.
He believed Independent newspapers were well intentioned to her and in a different set of circumstances the working arrangement would probably have worked very well.