The second most senior manager at Independent Newspapers suggested to the Sunday Independent's crime correspondent before she resigned that if she took an action for constructive dismissal against the newspaper she would probably win, it was claimed yesterday.
It was alleged on the third day of an Employment Appeals Tribunal, which is hearing a case for constructive dismissal brought by Ms Liz Allen against Independent Newspapers (Ireland) Ltd, that Mr Michael Roche mentioned the option to Ms Allen when she complained about the manner in which she was treated at the paper.
Ms Allen's husband, Mr Andrew Hanlon, said he attended a meeting between his wife and Mr Roche in September 2000 in which Ms Allen outlined her grievances. Mr Hanlon, who is director of news and information at TV3, said Mr Roche outlined her options. Mr Roche said she could be moved to another part of the newspaper group but Ms Allen did not wish to do this; he said she could lodge a formal complaint; or "take the money".
Asked what this meant by Ms Allen's husband, Mr Roche said she could take a constructive dismissal case and would probably win. Mr Roche, who has yet to give evidence, will deny the allegation.
Ms Allen is alleging bullying, harassment and intimidation by two members of staff in particular at the Sunday Independent - the news editor, Mr Willie Kealy, and the assistant news editor, Mr Jody Corcoran. She claims she suffered stress and depression as a result of the way she was treated and such was the effect on her health she had to resign. The claims are denied.
In his evidence, Mr Hanlon also said Mr Roche told him and his wife if they thought Ms Allen was getting a hard time, they should know one employee was put up against the wall by a manager and "nearly thumped" some time before.
Mr Hanlon said the editor of the Sunday Independent, Mr Aengus Fanning, rang his wife later that evening after her meeting with Mr Roche and offered her "a junket to Poland or somewhere" for an event being held in honour of the late Veronica Guerin, whom Ms Allen had replaced.
Mr Hanlon said this attempt to "soften her up" was "absolutely disgusting".
The Independent Newspaper group's human resources manager, Mr Declan Carlisle, said in evidence he would have tackled Ms Allen's concerns if he knew they existed. He said he only learnt from Mr Roche in September 2000 that she had complained Mr Kealy was shouting at her and Mr Corcoran was not speaking to her.
He said formal procedures were set out for dealing with such complaints in a policy document he had devised on bullying and harassment in October 1999.
He had been told by Mr Roche a meeting would be held with all parties to discuss the matter. However, he said Ms Allen took sick leave and then resigned. He added, however, that after hearing Ms Allen's evidence he believed her complaints were "misgrounded".
Cross-examined by Mr Rory Brady SC, for Ms Allen, he said he saw a copy of a letter she sent to one of his colleagues in human resources in April 2000. Mr Carlisle said the letter was in response to correspondence she received from Mr Kealy querying the leave she proposed to take.
He accepted the letter dealt with issues other than leave. Ms Allen wrote in the letter that she was "extremely perplexed" by the hostile attitude Mr Kealy had adopted towards her and noted that she had spoken to Mr Kealy the previous October about the sense of isolation and marginalisation she felt in the office.
Mr Brady said isolation and marginalisation were part of bullying in the policy document.
Mr Carlisle said he tried to contact Ms Allen after the letter was shown to him. He called her mobile but did not leave a message. Having failed to make contact with her, he approached Mr Kealy about it and he said the matter had been resolved. Mr Carlisle took no further action.
He insisted he believed all matters were resolved as Ms Allen had not contacted him.
The chairwoman of the tribunal asked if his antennae were not up after seeing Ms Allen's letter of April 7th. Mr Carlisle repeated that he saw the letter in the context of a problem with leave which he had been told had been resolved.
Earlier, Mr Mark Connaughton, counsel for Independent Newspapers, put it to Ms Allen that Mr Kealy, Mr Roche, Mr Fanning and Mr Corcoran would say they thought extremely highly of her. Why then would they conspire to get rid of her, he asked.
Ms Allen replied: "I find it very odd that they respected me given the way I was treated."
The case has been adjourned to April 9th.
