A mother of four has claimed the father of her children dismissed her from work after she found out that he was having a relationship with another member of staff.
Yvonne Donnelly (44), of Kilmacud Road, Kilmacud, Dublin, is suing Thomas Mannion (53), her former partner and employer, for unfair dismissal.
Mr Mannion, who practises as Mannion Solicitors, denies the claim and maintains Ms Donnelly only worked two days in the 12 years she had been on the books of his legal firm.
Ms Donnelly's counsel, Conor Bowman, told the Employment Appeals Tribunal that his client had been at Mr Mannion's "beck and call" and had been gainfully employed sorting his post, answering his calls and meeting and introducing him to clients.
Mr Mannion, of College Park, Ballinteer, Dublin, terminated her employment on December 31st, 2005. He said he "absolutely, utterly and categorically denied" suggestions that he decided to dismiss Ms Donnelly after she found out he was involved in a sexual relationship with another member of staff earlier that year.
Mr Mannion, whose practice is at Oranmore House, Taney Road, Dundrum, Dublin, said he had decided to terminate her employment after receiving a letter on St Valentine's Day of that year from her solicitor telling him that their relationship was over.
She had indicated to him informally "many, many" times before that the relationship was over, he added. He should have terminated her employment "there and then" but decided to enter into a dialogue with her over the summer and she was not in any doubt that he intended to take her off the books, he maintained.
He told the tribunal that he left their family home in September 2005 by which time the relationship had become "strained and awful".
The end of their relationship had no bearing on his decision to end her employment and the termination date of December 31st, 2005, was decided because it was the end of the financial year and because he had changed his accountants, he maintained.
He also had concerns about the tax arrangements surrounding a rental property she had bought in south Dublin in 1993.
Mr Mannion said the couple, who never married, had met in the 1980s and had their first child in 1989.
They split up and got back together in 1991 and Ms Donnelly moved into his home in November of that year.
The couple had three more children. He said he put her on the books in September 1994 because she wanted to get her teeth done through PRSI.
Mr Mannion said Ms Donnelly "very occasionally" came to the office but only did two days work in the 12 years and "not one iota" of work after November 1996.
He admitted that she had occasionally posted registered letters at the post office across the road from their home in Kilmacud, but it was "fanciful" to suggest that amounted to gainful employment.
He paid her €1,437 a month and, since he terminated her employment, he has been paying her €1,000 a month for the maintenance of the couple's children.
Mr Bowman said it was an "outrageous story" to suggest that Ms Donnelly had done no work.
If it was true, it amounted to a device to defraud the Revenue Commissioners, counsel maintained, because Mr Mannion had used Ms Donnelly to lessen his tax liability by putting her on the books instead of paying for her and the maintenance of their children through his post-tax income.
Mr Mannion denied the suggestion and said that, as an employer, he had a right to employ somebody on any basis that he wished.
Kate O'Mahony, the chair of the tribunal, said a "most unusual set of facts" had been presented to it. She said the tribunal would only determine whether or not Ms Donnelly was actually employed by Mannion Solicitors after hearing all the evidence.
She urged both sides to enter into dialogue in the meantime.
