Woman claims she was raped and then sacked

ONE of the country’s leading auctioneers dismissed a widow from his firm after she admitted to having a vaginal infection, due to non-consensual sex he had with her, an employment appeals’ tribunal heard yesterday.

Annette Egan of Lower Carey’s Road, Limerick, brought a case for unfair dismissal against auctioneer, John Shaw of Lower Mallow Street, Limerick, to an Employment Appeals Tribunal.

Mr Shaw, who is vice-president of the Institute of Professional Auctioneers and Valuers (IPAV) denied having sex with Ms Egan.

The tribunal was told that a garda investigation was carried out and the Director of Public Prosecutions decided not to take the matter any further.

Ms Egan told the tribunal she worked for 18 years as a bookkeeper at Mr Shaw’s firm.

She advised her employer of a health issue, having developed a vaginal infection.

She claimed it occurred after Mr Shaw had sex with her twice. Ms Egan claimed there was a “bit of roughness” involved as she did not cooperate. She said a test also showed she had pre-cancer cells.

After she discovered the infection, Ms Egan received a letter from her GP saying she was fit to work, but Mr Shaw disputed the decision and did not allow her back to work. He insisted Ms Egan attend a company doctor, who also decided she was fit to work.

But when she brought the company GP’s letter to her office on September 1, 2005, Mr Shaw allegedly refused to accept it and ordered her out of his office.

Ms Egan said: “He lost his temper and jumped to his feet. As he did so, he swiped his elbow in my direction.”

She said that, at a later date, she made a complaint to the gardaí alleging Mr Shaw had sex with her on two occasions without her consent. She attended the Rape Crisis Centre and got counselling.

She claimed Mr Shaw acknowledged having sex with her.

In reply to Gerard Reidy, solicitor for Shaw, Ms Egan said she worked, by agreement, irregular hours.

Before going on holiday in July 2005, she said Mr Shaw asked her to move upstairs where he had his office. The applicant said she knew, at that stage, she could not stay after what he had done to her.

“I did not like to move upstairs with him. I would be up there on my own,” she said.

In reply to Mr Reidy, she said after Mr Shaw refused to accept the doctor’s letter, she told her employer she was taking his decision as constructive dismissal. She did not resign nor threatened to resign.

Ms Egan said she was escorted off the premises on September 1.

She made a rape complaint against Mr Shaw to the gardaí on January 19, 2006, alleging the first of two rapes happened in September 2004 and the second 12 days later.

Mr Reidy put it to Ms Egan that it was extraordinary behaviour on her part to continue to work for Mr Shaw 12 months after the alleged rape. Ms Egan replied: “I made sure and was adamant it would not happen again. There were two other occasions he tried it and it did not happen.”

She said she did not make a complaint at the time because her husband was dying.

He died in November 2004 and it was the following February or March when she “got her mind back”.

SIPTU official Mary McElligott said she got a phone call on September 1, 2005, from Ms Egan, who was extremely upset. She was calling from Mr Shaw’s office and seemed to be panicking and afraid. She advised her to speak to Mr Shaw but Ms Egan insisted he would not accept the doctor’s letter.

Mr Shaw, in evidence, said Ms Egan commenced working for him in 1988. She worked flexible hours.

He asked her to move and work upstairs as there was a space shortage downstairs.

Mr Shaw said he wanted her medically examined by the company doctor after she became ill at work last year and he was concerned about her health

In August 2005, she told him she had cancer and had six months to live.

When he went to the office on September 1 last year, Ms Egan was there before him and told him she was perfectly fit for work.

She handed him a letter which she said was from the company doctor but he didn’t accept it as it was addressed to Ms Egan.

As she left, Ms Egan said it wouldn’t be the last time he would hear from her. Mr Shaw alleged Ms Egan said she would destroy him if it was the last thing she would do.

Mr Shaw said he fully cooperated with the garda inquiry into Ms Egan’s allegations and had been detained in a garda cell.

He said the DPP “threw out” the matter.

Mr Shaw said he was totally devastated at the allegations and had spent a week in hospital and a further ten days in bed, at home, as a result.

He said the incidents described by Ms Egan did not take place or form and he was due to take up the position of president of the IPAV at the time.

He was still vice president.

He said Ms Egan was not dismissed, but resigned.

Mr Shaw agreed with SIPTU official Ger Kennedy that he did not give Ms Egan payslips, did not give her written terms of employment and had not responded to letters from the union about his employee.

The tribunal adjourned to hear further evidence at a future date.