Case against Carraig Donn settled by consent

Case against Carraig Donn settled by consent


A Circuit Court appeal by Westport retail and fashion company Carraig Donn, against a ruling by the Employment Appeals Tribunal last year, has been withdrawn, after the case was settled out of court.
The case brought by Cornelia Tobin of Falduff, Louisburgh, against Carraig Donn, headquartered on The Lodge Road in Westport, saw her awarded almost €29,000 in compensation by the Employment Appeals Tribunal, after a ruling that the company did not offer her any alternatives to her job once the decision had been made by senior management to make the position of Human Resource Manager redundant, as part of wide-sweeping cost saving measures.
Ms Tobin had argued that her redundancy was a direct consequence of having been off work after having a child, but the tribunal decided that it did not ‘find on the evidence before it’ that it needed to make a determination on the aspect of the case relating to the claim by Ms Tobin that her redundancy was a direct consequence of having been on maternity leave.
The three person panel, chaired by Mr R Maguire BL, also said in their determination, that they were satisfied that there was a redundancy situation in this case.
The appeal lodged by Carraig Donn against the award to Ms Tobin was due to be heard on May 1, with GrΡinne Gilmore, BL, daughter of beleaguered Labour Party leader and TΡnaiste (who last week resigned his post) Eamon Gilmore, representing Ms Tobin, and Claire Bruton, BL, cousin of former Taoiseach John Bruton, acting for Carraig Donn.
The HR Department at Carraig Donn has remained closed since 2010, and in an agreed statement released to the media by the company, it was stated that:
“Cornelia Tobin, former Group HR Manager of Carraig Donn, and the company agree that her employment with Carraig Donn was terminated by reason of a genuine redundancy situation. Colette Caulfield, Finance Director, has thanked Cornelia for her contribution to the company and wishes her well.
“The matter has now been concluded and the company’s appeal of the EAT determination to the Circuit Court has been withdrawn.”