High Court awards man £51,000 in damages

A "serious problem" of intimidation in the Aughinish Alumina plant at Askeaton, Co Limerick, was central to a High Court decision…

A "serious problem" of intimidation in the Aughinish Alumina plant at Askeaton, Co Limerick, was central to a High Court decision yesterday in which a fitter/welder, Mr Mark Kerwin, of O'Malley Park, Southill, Limerick, was awarded £51,000 damages in his action against the company.

Mr Justice O'Neill, in a reserved judgment, said Mr Kerwin (55) took up employment with the company in 1984. He became an acting supervisor in 1986.

The intimidation came to centre on Mr Kerwin and another employee who, the judge said, gave up work at the plant as a result.

Mr Kerwin claimed he was assured by management that if he left, and took an unfair dismissals claim, he would not be opposed and could come back as a supervisor.

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In October 1986, Mr Kerwin resigned. He took unfair dismissal proceedings in June 1987. The dispute centred around what had been agreed. When he returned to work the company refused to reinstate him as acting supervisor.

The judge found the company was in breach of an agreement. He awarded £1,000 for loss of income and a further £50,000.