A Chechen employee who was sacked after she claimed colleagues had harassed her on the grounds of her religion and nationality has been awarded €15,000 by the Labour Court.
Djemma Tsourova was summarily dismissed by Icon Clinical Research Ltd after it held an internal investigation into her complaints in 2003.
The company, a multinational with an operation at Leopardstown, Dublin, concluded that her complaints against colleagues were malicious and/or vexatious.
However, the court upheld Ms Tsourova's claim that she had been sacked in circumstances amounting to victimisation. It awarded her €10,000 compensation for economic loss and €5,000 for the effects of discrimination.
The court had been told that Icon appointed two managers to investigate Ms Tsourova's complaint of harassment relating to her Chechen nationality and Muslim faith. She refused to co-operate with the investigation, claiming the two managers were not independent.
The investigators' report was subsequently presented to company vice-president of human resources Emer Kenny, who dismissed Ms Tsourova on grounds of having made malicious or vexatious complaints amounting to gross misconduct.
Ms Kenny told the court Ms Tsourova was not afforded disciplinary procedures because she had had less than a year's service with the company. Ms Tsourova had worked for the company as a clinical data co-ordinator.
The court said the "irreducible minimum requirement" that must be observed before an employee could be dismissed for misconduct was that they be informed of the charges against them, and given an opportunity to respond.
Icon had not provided any acceptable explanation for its decision to dismiss Ms Tsourova with such haste and disregard of her right to fair procedure.
