A former Sunday Business Post sub-editor was awarded €70,000 yesterday by the Employment Appeals Tribunal in an unfair dismissal case against the newspaper.
Mr Basil Millar's action in attending a computer familiarisation session at the Irish Independent, while employed by the Sunday paper did not amount to "gross misconduct", as claimed by the Post's chief executive, Ms Barbara Nugent, the tribunal found.
Mr Millar had been diagnosed with repetitive strain injury by his GP at one time, he told the hearing. However, specialists later confirmed he had a "frozen shoulder". It took some months for him to be re-certified by his GP, during which time he was off work.
He received many phone calls from Ms Nugent, during this period, he said. On one occasion she told him he would be "removed from the payroll" unless a certificate was received from his doctor which stated he was fit for work. This caused him stress.
He agreed to return to work on a phased basis, but found this an "impossible position" and decided to seek alternative employment. He ascertained the Irish Independent was interested in employing him, but first he would have to undergo a familiarisation session on its computer system. Independent Newspapers decided subsequently not to employ him.
Ms Nugent said Mr Millar had been on extended sick leave for more than two years.