A sports shop assistant, who claimed her former employer swung a runner at her because it had been wrongly displayed, had not proved that she was constructively dismissed, a judge said yesterday when she rejected her €13,112 claim for damages.
Sinéad Corr, Woodlawn Park, Rush, Co Dublin, had sought €13,112 damages for loss of income from Thomas F. Reilly, trading as Tom Reilly Sport and Photo, Church Street, Skerries, Co Dublin.
Judge Jacqueline Linnane said she was not satisfied that Ms Corr had proven she had been constructively dismissed and ordered her to pay her own legal costs and 50 per cent of Mr Reilly's. Ms Corr had earlier lost her case at the Employment Appeals Tribunal and had appealed at the Circuit Civil Court yesterday.
She claimed that in May 1998, Mr Reilly had thrown a brochure across the shop, breaking a shelf.
She alleged that in August 2000, he asked her at short notice to work on a Sunday and the following Tuesday when he would be away. At that time she had lost her voice through laryngitis but she claimed Mr Reilly told her "you are working".
She said that on July 4th, 2003, Mr Reilly swung a runner at her in the stockroom after finding it on the shop floor and not properly presented.
In evidence, Mr Reilly denied attempting to assault her with the runner. He said it would have been impossible to swing a runner in the stockroom because it was so small.
Mr Reilly claimed that on number of occasions Ms Corr, who is currently on disability benefit due to dizzy spells, had threatened to resign when he disagreed with her over shop matters such as recruitment and hiring.