Ms Joy Fahy, former childminder to the son of Dolores O'Riordan and Don Burton, became visibly upset in the witness box in the High Court today when counsel for the defence asked her about the wages for a "second string nanny".
Ms Fahy is suing Cranberries' singer Ms O'Riordan and her Husband, Mr Burton for alleged breach of contract.
Ms Fahy said she had never been called a second string nanny before. But Mr Justice John Quirke intervened to say that counsel did not mean a second-rate nanny.
The judge said that counsel meant a second-string nanny as Ms O'Riordan's mother was the primary childminder and Ms Fahy was the second person responsible for the Burton's baby, Taylor.
Mr Justice Quirke told Ms Fahy (34), of Moyleggan, Batterstown, Co Meath, that the term second-string nanny was in no sense a denigration of her qualifications.
On the third day of the action, Ms Fahy was being cross-examined by counsel for the defence, Mr Bill Shipsey SC, about the terms of her employment when she went to work with the Burtons in 1999. Ms Fahy disagreed with several suggestions made to her by counsel in relation to her pay and other terms of her position.
The hearing of the action was adjourned to April 20th.
During prolonged questioning about the salary she was to be paid by the Burtons, Ms Fahy rejected a suggestion that her pay was to be €500 nett and said she was to have got €500 "clear." She said she did not understand gross and nett but did understand "clear."
Ms Fahy, who previously worked for U2's Larry Mullen's family, said that in early 1999 before she went to the Burtons that she was earning some €186 a week as well as overtime. Counsel put it that she was earning roughly €200 pounds a week and did not have a car (with her work).
Under further cross-examination, Ms Fahy said she did not live-in with her previous employers and had to pay for facilities elsewhere for her horse. She agreed that in early 1999 she "would not have much change" out of €100 in paying for facilities for the horse.
Asked if she spent about 50 per cent of what she was earning on the horse, Ms Fahy said that at times she had spent more on the horse. At times she would possibly have spent 100 per cent. She agreed that she also had to pay tax and insurance on her own car. She was staying with friends at the time.
Mr Shipsey said that what was offered to her by Mr Burton was a period of work as assistant to the primary childminder, Mrs Eileen O'Riordan, with terms greatly in excess of what she had in the previous job. Ms Fahy said, as she had stated already, that she was promised "the sun, moon and stars."
Mr Shipsey said Ms Fahy's "sun, moon and the stars" did not coincide with the Burtons's "sun, moon and stars."
Questioning Ms Fahy about what she was to be paid with the Burtons, Mr Shipsey said €38,000 a year for "a second string nanny" was not remotely close to the going rate for a nanny in 1999. Ms Fahy then said she had never been called a second string nanny before. She did not know what other nannies were earning at the time.
Before going to the Burtons, she had had a happy, privileged and fantastic job with a family she adored and still adored and were not shoddy in paying her. Counsel said he was not suggesting any under-payment but added that no nanny was paid anything remotely like what Ms Fahy was saying — the figure was €500 gross.
Ms Fahy said she was deeply upset. The judge said he was not taking what had been said as any criticism of her former employers and Mr Shipsey said he was not doing so. Counsel said what Ms Fahy was suggesting was that she was earning about €800 gross, before tax. Ms Fahy said her understanding was that she was to have €500 clear. She said she was still owed monies from the Burtons in respect of some days off.
When employed by the Burtons, added Ms Fahy, she was to be provided with a new Cherokee jeep. It was to be hers on termination of the contract. Mr Shipsey suggested that Ms Fahy was to have the jeep while she was employed by the Burtons and that there was no suggestion it was to be Ms Fahy's or was to be of a particular model or a new one. Ms Fahy: "There most certainly was."
Counsel said Mrs Eileen O'Riordan would say that when they got back from America a "a perfectly good Pajero jeep" was there and Ms Fahy was delighted with it. Ms Fahy said that was not true. Mr Shipsey said there were 10 different types of Cherokee jeep. Ms Fahy said there could 20 or 300, she did not know.
Ms Shipsey said she had been told she would be provided with a jeep, not a Cherokee jeep. Ms Fahy said the only type of jeep she knew was a Cherokee. Asked if she knew the cost of a new jeep at the time, Ms Fahy said: "A lot of money." Asked if she was suggesting she was to receive something costing €40,000/€50,000 as a gift, she replied that she was.