Lawyer awarded €55,000 for constructive dismissal by Limerick legal practice
Roisin O’Connell had been given a full position in Melvyn Hanley solicitors in 2001.
Her salary, set in 2002, included commission on any new business she secured, up to 2007.
The tribunal, which heard from Ms O’Connell but had no appearance or representation on behalf of the respondent, was told, in 2007, it was suggested she jointly manage the firm with an accountant.
A number of meetings were held. It had always been put forward the claimant would be offered partnership and her leadership role was paving the way to this.
She decided not to accept the partnership after getting the firm’s financial information and seeking independent advice.
In 2009 there was cost-cutting in the practice and the claimant took a 10% pay cut in March on the basis that a newly qualified solicitor’s contract would not be renewed on expiry.
The tribunal heard that, in July 2009, she was told the respondent could not afford to pay her commission and she agreed it would be deferred until the practice could afford to pay it.
On December 1, the accountant told her that if the fees continued to reduce ‘she’d be out of a job’. The accountant left the practice in June 2010.
The newly qualified solicitor had been kept in employment after his contract expired, contrary to the circumstances in which Ms O’Connell agreed to take the pay cut.
She said work was not being allocated to her as normal and the junior solicitor was being allocated new work in place of her.
In May 2012, the claimant again raised the issue of her unpaid commission and the allocation of work.
She said the principal of the firm said he would revert to her and said: “From my perspective I think your view in this matter is unfounded and, to be quite frank, I think it is unhelpful.”
On March 8, 2013 the claimant again raised the ongoing issues. She said there was no response and a number of more meeting were held with the same outcome.
As of October 1, the commission had not been paid. She said the principal made a number of demands in relation to the commission.
Ms O’Connell said they needed to have a meeting, at which point she said he got very angry and aggressive and said he was close to shutting down the firm, and she was asking for 20,000.
She left the office and went on sick leave. She resigned by letter on November 11, 2013.
The tribunal found, based on the uncontested evidence, she was constructively dismissed and awarded €55,000 under the Unfair Dismissals Acts.
