A CLARE woman has won a six-year legal fight with a British-based human rights legal firm over her claim that she had been unfairly dismissed.
At Ennis Circuit Court yesterday, Judge James O’Donohoe ruled that Ann Clare Vaughan, Willow Park, Ennis, had been unfairly dismissed by Howe Co’s Ennis office in February 2002 after finding she was an employee and not a partner in the firm.
Ms Vaughan was appealing a determination to the court by the Employment Appeals Tribunal after three days of evidence in 2003 that unfair dismissal could not apply after it ruled that Ms Vaughan was a partner in the firm.
The Employment Appeals Tribunal had overturned a previous decision by a rights commissioner finding that Ms Vaughan was an employee and awarding her €12,941. However, Ms Vaughan argued that she was an employee.
In his judgment yesterday after three days of evidence earlier this year, Judge O’Donohoe said: “The balance of the evidence clearly points to a salaried partnership arrangement involving no equity partnership.”
Stating it was an important case with a public interest, Judge O’Donohoe added: “For the purpose of this case, the appellant is to be regarded an employee and is entitled to the statutory protection of the Unfair Dismissals Act.”
Judge O’Donohoe adjourned the issues of the amount to be paid in redundancy to Ms Vaughan, and costs, to allow both sides to make written submissions and to call evidence if required.
