Judge critical of Microsoft in treatment of manager

A High Court judge said yesterday he was unhappy with the procedures followed by the software company Microsoft when dismissing…

A High Court judge said yesterday he was unhappy with the procedures followed by the software company Microsoft when dismissing a manager in July last year.

Ms Janet Allen had claimed she was interrogated by two men whom she initially believed were former FBI agents.

Ms Allen's case was before Mr Justice Kearns via an application by her for an injunction directing her restoration to the payroll pending a full hearing of her case.

After Mr Justice Kearns said he was unhappy with the procedures adopted, the case was adjourned for a time after which Mr Tom Mallon, for Microsoft, said the company would pay Ms Allen's salary until her proceedings were determined.

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Earlier, the court was told by Mr Frank Callanan, for Ms Allen, of Scholarstown Park, Rathfarnham, Co Dublin, that she was not seeking reinstatement but to be restored to the payroll pending a full hearing of her case.

Ms Allen had said she was told at one stage during her alleged interrogation that a call had been received by the company's code of conduct hotline.

In an affidavit, she said she was employed by Microsoft as a print-production services group manager. She had been employed for the past nine years - initially for two years in the United States and seven years in Dublin.

She received an e-mail from Noel Boyle of the human resources department of the company on July 2nd, 2003, stating certain issues had arisen in relation to business practices related to the IPS vendor Litho Studios, which was a company with whom they had substantial dealings but of which she handled only a part. She was informed the issues were being investigated by two men from the firm's internal audit group in the US who wished to meet her the following day.

Ms Allen said she was interrogated very aggressively and told she was driving a car formerly owned by the wife of the managing director of the vendor company. She replied that she had purchased it from Annesley Motor Company for full market value and was in a position to produce all appropriate documentation.

The investigators told her they had received an anonymous call, which had alleged that she received a car from Litho Studios and that a previous vendor company had installed thermal pane windows in her house. At that point, she burst into tears and had to leave the room. She understood the two investigators were former FBI agents but subsequently found that one was a former US federal postal investigator.

Mr Tom Mallon, for Microsoft, was told by Mr Justice Kearns that two people were flown in from the US and this senior employee was brought into the meeting and reduced to tears. She had been given no warning in advance other than a harmless e-mail.

Mr Mallon said she was given an investigative memorandum. He also said there was an anonymous call. He said one of the men involved was an ex-US Postal Services employee and the other might have been an ex-policeman. There was a rumour she had accepted a car from a supplier, counsel added.

If the company acted on a rumour, it was a very serious thing, the judge said.

Mr Mallon said Ms Allen had never offered a response to these matters. In addition, she was not seeking reinstatement.

The judge indicated he was considering making a declaration that the plaintiff's dismissal was not in accordance with natural justice insofar as the procedures adopted were concerned, but said he would adjourn for a few minutes.

He added that he was extremely unhappy with the procedures that were followed in this case.

After the adjournment, Mr Mallon gave an undertaking on behalf of the company to pay Ms Allen's salary from the time of her dismissal up to the time of the case.