Reinstatement said not to be an option

Reinstatement at the Sunday Independent of the paper's former crime correspondent, Ms Liz Allen, who is seeking compensation …

Reinstatement at the Sunday Independent of the paper's former crime correspondent, Ms Liz Allen, who is seeking compensation from Independent Newspapers (Ireland) Ltd for constructive dismissal, would be unworkable, the employment appeals tribunal was told.

Mr Tom Mallon, for Ms Allen, said in his closing submission reinstatement was not something the journalist wanted or could contemplate.

He said the form of redress sought by his client, who was still unfit to work as a journalist, was compensation. He said the fact that she "was damaged" was undisputed and he believed she should be compensated for the period of her "post-dismissal disability".

Mr Mallon said the tribunal should ask itself why Ms Allen walked away from one of the finest journalistic jobs in the State. "She is not a shrinking violet, she was driven to it," he said. He said Ms Allen made complaints to several levels of management but "nothing useful and nothing reasonable was done in response. Nobody took any step. They ignored it, they hoped it would go away."

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Mr Mallon suggested Mr Jody Corcoran, the paper's assistant news editor, against whom Ms Allen made allegations, either had an appalling memory or no regard for the truth because he could remember a 10-second conversation with Ms Allen on a boat three years ago but not who interviewed him a year ago for his present job.

Mr Mark Connaughton, counsel for the newspaper, said the paper's managing editor, Mr Michael Roche, had undertaken to investigate Ms Allen's complaints in September 2000. The tribunal was taking place because she had left before this could be done, he said.

A memo written to Ms Allen by Mr Willie Kealy, the paper's then news editor and now its deputy editor, was over the top and Mr Kealy agreed to withdraw it almost immediately. Ms Allen shook hands with Mr Kealy after that and she did not go back to human resources saying her grievances had not been dealt with, he said. Ms Allen's complaint that 10 a.m. meetings in the newsroom were designed to antagonise her was incorrect. Evidence was given they now took place and worked successfully.

The tribunal has reserved its judgment and a decision is not expected for a number of weeks.