A FORMER head of operations at an archaeological services company who developed breast cancer has been awarded €90,000 for constructive dismissal by the Employment Appeals Tribunal.
Katherina Stephens, of Clanranald Road, Donnycarney, Dublin, took the case against her former employer, Archaeological Development Services Ltd, Kells Business Park, Co Meath.
Giving evidence to the tribunal, Ms Stephens said she was employed as operations manager in 1997 and had taken on the responsibilities of head of operations for a number of years before being officially promoted to that position in 2006.
She said that in 2007 a former colleague identified by the initials SR returned in the role of chief executive officer.
Ms Stephens felt belittled by SR’s attitude to her and spoke to the owners of the business, who, she said, assured her of her position and future at the company.
Ms Stephens gave evidence that she was diagnosed with breast cancer in December 2007. She wrote to the owners on the day of her diagnosis to inform them she may have to have chemotherapy and radiotherapy.
The tribunal heard that she was asked in one email to undertake that “all work-related contact must solely go through” SR.
Later in October Ms Stephens planned to return to work but on a visit found her desk removed and the contents cleared out.
She was concerned about her future role at the company.
On October 30th she received an email from the company owners saying they wanted confirmation that she would work with SR and would accept his direction.
The tribunal, chaired by Dorothy Donovan, found that “from the date the claimant’s return to work was made contingent on matters other then her being medically fit”, the claimant was entitled to consider herself constructively dismissed.
