The High Court declared that Dunnes Stores Limited unlawfully repudiated Adam Berber’s employment contract and awarded him €72,622 in damages. The court also found that the company breached its duty of care, but dismissed his defamation claim over a roster describing him as a “new trainee”.
Mr Berber had worked for Dunnes Stores since 1980, moving from store management into buying. In 2000, after a flare-up of Crohn’s disease, the company moved him from buying back to store management. He agreed to the move following a meeting with managing director Margaret Heffernan, with the understanding that he would receive training aimed at a store or regional management role within six to 12 months.
The arrangements then became disputed. Mr Berber objected to being assigned to the homewares department at the Blanchardstown store and sought clarification from Ms Heffernan. He was suspended with pay after refusing to report there until he had spoken with her. Later correspondence also saw disagreement over his training plan, expected promotion timeframe and a correction to the roster entry. The court found the employer’s conduct after the November 2000 meeting was oppressive in light of its knowledge of his vulnerable health and was likely to seriously damage the employment relationship.
The judge found Mr Berber suffered an adjustment disorder attributable to the way the company dealt with him after that meeting. The disorder exacerbated his Crohn’s symptoms and hindered treatment. The harm was reasonably foreseeable, the court found, and the company had been told in December 2000 about the effect work-related stress was having on his health. The judge did not find that workplace stress caused the Crohn’s flare-up in March 2000.
Mr Berber left the company in May 2001 on medical advice. For wrongful dismissal, the court assessed reasonable notice at three months and included unpaid 2000 bonuses and a proportionate 2001 bonus. It also awarded special damages for five further months’ lost income, reflecting his approximately eight months out of work. The combined loss calculation was €32,622. General damages for psychological symptoms and the worsening of physical symptoms were set at €40,000.
The defamation claim concerned the roster’s “new trainee” description. The judge found the roster circulated to store management was covered by qualified privilege and accepted that the manager who entered Mr Berber’s name had no ill intent. The claim was dismissed. The court’s final order was a declaration of unlawful repudiation and damages of €72,622.