A WOMAN who found images containing adolescent pornography on her work computer in the Dublin office of a self-help organisation, was constructively dismissed, the Employment Appeals Tribunal has ruled.
Ellen Browne, Wesley Lawns, Dundrum, was employed by Abraham Low Self-Help Systems in 2008. The self-help organisation, which has its headquarters in Chicago and operates an office in Ballyfermot, was formerly known as Recovery International.
The organisation helps people with mental health issues and relies on HSE funding and contributions.
On February 25th, 2009, Ms Browne discovered what she estimated were “probably hundreds” of pornographic images of children under the age of 18 on her work computer.
In evidence Ms Browne said she was shocked and upset at the content and was afraid of being connected to it. She did not immediately report the incident but later spoke to two HSE managers about the matter.
She brought the issue to the attention of a colleague who sometimes used the office and had access to the computer. She asked him to remove the computer but he refused, saying that this might look like he had something to do with it.
Ms Browne subsequently rang the group’s head office in Chicago. She later received a call from a different colleague who asked that they meet. She claimed he was angry that she had told head office and told her that he had received orders to suspend her with pay. On March 19th, she received a formal letter of suspension.
A respondent for the company said an independent investigation was carried out in July 2009 and said, as a result of the findings of a subsequent report, an action plan was implemented by the company.
A human resources consultant, whose company investigated and produced a report on the issues, told the tribunal that a forensic investigation of the computer showed over 2,000 corrupt files and only one image. The report found that Ms Byrne’s suspension was unwarranted. She was reinstated but later wrote to the organisation through her solicitor, saying she had no option but to resign from her position.
In its determination, the Employment Appeals Tribunal found that by suspending Ms Byrne, who works in a sensitive area with adolescents, for such a length of time without explanation given the nature of the investigation would have “undoubtedly damaged her reputation”.
It found that the investigation did not focus on a number of elements regarding the images, including: why the colleague who told Ms Byrne of her suspension was allowed to remove the computer to his own private residence for a period of time prior to analysis of the computer; why only one image remained; or why so many corrupted files were found on it.
The tribunal found that no grounds existed to justify the claimant’s suspension, “particularly as it was carried out by a man whose role in the matter was seriously flawed and questionable”. It found that the complainant had been constructively dismissed and awarded her €15,000.