A housewife who injured her back and wrist when she slipped and fell on a potato wedge in a Dunnes Stores has been awarded €22,900 in damages.
Anna Manning (60) told the Circuit Civil Court that she was in Dunnes Stores in The Mill Centre, Clondalkin, Dublin, in November 2011 when she slipped on something and fell.
She said people, including staff members, gathered around her to make sure she was all right. Someone picked up a squashed potato wedge off the floor, saying: “This is what you’ve slipped on.”
Ms Manning, of St Patrick’s Park, Clondalkin, went home but went to her GP the following day with neck and back pain.
Circuit Court President Mr Justice Raymond Groarke heard she had a history of neck and back pain which had been aggravated by the accident. She also developed pain in her wrist.
Ms Manning sued Dunnes Stores Ltd for negligence. Dunnes denied the claim and alleged she was guilty of contributory negligence.
Judge Groarke, hearing that potato wedges had been spilled that day close to where Ms Manning fell, said that on the balance of probability she had slipped on what would be a “brother or a sister” of the wedges that had been cleaned up earlier. He rejected Dunnes’ allegation of contributory negligence.
SauryaCherfi, Irish Independent
Damages were awarded not just on view of injuries sustained from treatment from another employee, but of the overall view which Management had of the plaintiff, where she was branded a “troublemaker“.
An employee claimed that they were subject to unacceptable treatment by their Line Manager and that shortly afterwards she was systematically bullied and targeted by the Management as a whole. She made numerous allegations against the entire Management team, and made it very clear to all concerned that she was unhappy and that she felt the treatment was unacceptable and unfair.
The employees difficulties at work commenced after an accident at work where her Line Manager refused to sign her accident report form and did not report the accident in accordance with normal health and safety procedures.
The employee also applied for a permanent full-time position, which in accordance with agreed procedures should only have been limited to internal candidates, and an external candidate was hired.
The Court found in this instance that in addition to the numerous allegations made the above mentioned instances “amounted to corporate bullying and harassment and discrimination against the plaintiff and resulted in stress to her”, and was for no other reason than the Company viewed her as a troublemaker and wanted to ensure she was not given a permanent position.
In another instance the employee was suspended after she had refused to sign a statement of complaint made by her, after claiming it was inaccurate. the court rejected this was seen as bullying under the defined and accepted meaning of the word, however stated that “the defendants were at this stage looking at the Plaintiff as a ‘troublemaker’ and acted in a number of ways unfairly towards her”
Numerous other instances in this case identified poor treatment by the employer and the management team towards the employee and it is well worth a look in order to see a continued and persistent environment of bullying and harassment.
The employee was awarded €60,000 in compensation as a result of this case, and for the “severe distress” caused.
The Peninsula Ireland Blog
A 15-YEAR-old student, who developed a food aversion after chewing on plastic shards while eating ice cream, has been awarded €25,000 damages.
The court heard that in November 2013, Jordan Dwyer and her mother Tara Dwyer bought a cardboard tub of Carte D’Or ice cream at the café section of Applegreen Filling Station on the Stillorgan Road in Dublin.
Barrister Eileen McAuley said Jordan, of Goatstown Close, Goatstown, Dublin, felt something crunchy while eating the ice cream.
Jordan, who was 13 years old at the time, found her mouth was bleeding and discovered a shard and a ball of plastic.
Circuit Court President Mr Justice Raymond Groarke heard Jordan was taken to Tallaght Hospital A&E, Dublin, complaining of pains in her mouth and stomach.
Through her mother Tara, Jordan sued Petrogas Group Ltd, with an address at Joyce Way, Parkwest, Dublin, and the ice cream manufacturer, Unilever Ireland Ltd, of Riverwalk, National Digital Park, Citywest Business Campus, Dublin, for negligence.
She claimed the filling station had failed to examine and inspect the original ice cream tub and alleged Unilever Ireland Ltd failed to have a proper system of quality control.
Ms McAuley said the defendants had made a €25,000 settlement offer and Judge Groarke approved it.
Saurya Cherfi, Irish Independent