An Irish secretary was dismissed over the telephone by the Mexican ambassador "after a tirade of abuse", the Employment Appeals Tribunal (EAT) was told yesterday.
Ms Deirdre Geraghty is suing the ambassador, Mr Daniel Dultzin, and the embassy of Mexico for unfair dismissal. She is contending that she was dismissed because she became pregnant.
Counsel for the embassy, Mr Tom Mallon BL, argued that the EAT has no jurisdiction to hear the case because the Unfair Dismissals Act does not apply to diplomatic missions.
Counsel for Ms Geraghty, Mr Roddy Horan BL, said his client had a contract with the embassy which specified that her conditions of employment were amenable to Irish labour legislation.
The chairman of the tribunal, Mr Dermot McCarthy, adjourned the hearing for four days to consider the legal arguments.
Mr Horan said Ms Geraghty was appointed to a clerical/secretarial position in 1993. She enjoyed good relations with the then ambassador, who advised her to sign a contract. Mr Horan read the contract, which stipulated that Ms Geraghty was entitled to any rights she might have under local legislation.
He said Ms Geraghty worked diligently and satisfactorily until the arrival in June 1996 of Mr Dultzin. He accused her of persistent absenteeism, forcing him to employ temporary staff. He eventually dismissed her during an angry telephone call and told her she need not return to the embassy.
Mr Horan said the ambassador told her she was neither in a legal nor a moral position to take an action for unfair dismissal.
Mr Horan claimed that in this case diplomatic immunity was waived and the embassy was contesting the action because it believed it had a good case against Ms Geraghty for under-performance.
Mr Mallon said his instructions were to appear before the tribunal to challenge its jurisdiction. He said the Supreme Court in 1992 handed down a unanimous judgment in a case brought by a chauffeur against the Canadian embassy that both the ambassador and the embassy were entitled to immunity.
Mr Mallon objected to counsel for Ms Geraghty bringing up the issue of her pregnancy, which was nowhere mentioned in correspondence.