THE EMPLOYMENT Appeals Tribunal has reserved judgment in a redundancy claim from a solicitor who alerted the Law Society to concerns about the legal practice of Michael Lynn and Company.
Solicitor Fiona McAleenan is seeking €4,000 in wages and entitlements from her employer, Michael Lynn and Co.
Mr Lynn, whose practice has been closed and whose whereabouts are uncertain, was not represented at the tribunal.
In her evidence, Ms McAleenan said Mr Lynn had been out of the country on September 5th last, when she discovered legal documents which gave rise to grave concerns for the future of the practice. She raised her concerns with Mr Lynn's assistant, but the responses received "concerned me further".
Ms McAleenan said she then had discussions with "a senior solicitor and that solicitor was of the view that the practice could not continue". She had already come to this view herself and stopped working on September 10th. She contacted the Law Society regarding her concerns on September 12th. However, Ms McAleenan told the tribunal that because the documents which gave rise to her concerns were now the subject of legal action elsewhere, she was unable to assist the tribunal with information as to their content.
She told the tribunal she had begun working for Mr Lynn on November 29th, 2004, and had a contract of employment, which although undated, was probably agreed one to two weeks before she started. She was paid €1,566 a week. On ceasing employment last September, she received a cheque for the September element of her wages along with holiday pay, but her building society returned the cheque unpaid.
James Flanagan, for the tribunal, asked Ms McAleenan if she had ever raised the future viability of the company with Mr Lynn to which she replied "no", adding that when he was out of the country his affairs were handled by his assistant.
She told the tribunal she had not been advised by Mr Lynn's assistant that the firm was unlikely to continue to trade.
The tribunal's decision is expected in about six weeks.
