Limerick solicitor awarded €55k for constructive dismissal

A solicitor based in Limerick has been awarded €55,000 after an employment tribunal found she had been constructively dismissed by a local legal practice.

Roisin O’Connell, who had been given a full position in Melvyn Hanley Solicitors in 2001, resigned in 2013 after her employer broke promises and refused to pay her a commission fee because the practice could not afford it.

The tribunal heard that Ms O’Connell had accepted a 10 per cent pay cut in March 2009 with an agreement that a junior solicitor’s contract would not be renewed.

In July 2009, she was told the practice could not afford to pay her commission and Ms O’Connell agreed to be paid when the firm was in a better financial state.

However, the junior solicitor was kept on and the commission was never paid despite consistent efforts from Ms O’Connell, which allegedly led to the principal of the firm becoming angry and aggressive.

The evidence presented to the tribunal went uncontested and the tribunal found in favour of Ms O’Connell.

Ms O’Connell told Irish Legal News it would not be appropriate to comment on the outcome.

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