The High Court in Dublin was told on Tuesday by a psychiatrist, that a former senior manager with Microsoft Ireland, who claims she was constructively dismissed by the company, suffered from a "recognised psychiatric condition" and was "very incapacitated" by it.

Jean-Philippe Courtois, Senior Vice President and CEO, Microsoft Europe, Middle East and Africa, An Taoiseach, Bertie Ahern, Joe Macri, General Manager, Microsoft Ireland

The forty-three year old Pickering is suing Microsoft Ireland Operations Limited arising from the termination of her employment four years ago. She is claiming damages for alleged negligence, breach of contract and failure to get her redundancy entitlements and stock options. The defence denies her claims.

Last week the High Court was told that Pickering had made €13 million in proft from stock options during 13 years of working at a senior level with the hard-charging intensely competitive software giant. In 1998, the US Justice Department and 20 state attorneys general filed an antitrust suit against Microsoft, charging the company with abusing its market power to thwart competition, including Netscape, the company that launched a popular web browser in 1995.

In the High Court, Professor Patricia Casey, head of the department of adult psychiatry at UCD, said that the event which triggered Pickering's "overwhelming symptoms" occurred on her way to the five-star Ashford Castle hotel in County Mayo, to celebrate her birthday on Friday, January 26th, 2001.

Prof Casey told Hugh Mohan, senior counsel for Pickering, his client, received a phone call to say she would not be offered a RIF (reduction in force) package, a severance deal which traditionally also provided an option for Microsoft employees to relocate within the company.

Pickering felt "a sudden surge of panic" which called into question her understanding of her role within the company and caused her to wonder where her future lay. Prof Casey said Pickering developed depression anxiety, "a recognised psychiatric condition".

Pickering was treated with anti-depressants and received cognitive therapy.

The condition had "occurred quite suddenly" and Pickering suffered from chest pains and panic attacks. She was pre-occupied with thoughts of death and was not able to go shopping or decide what to wear.

"She was very incapacitated by it," said Prof Casey.

The psychiatrist said that Pickering had deferred a decision to take a new position in Microsoft in 2000, which she later learned had been filled by someone more junior to her. Prof Casey said Pickering was "upset and distressed that she was being undermined".

Pickering had responsiblity for 400 employees in Microsoft but had no real authority, and this was "effectively a bereavement". She was effectively sidelined.

Prof Casey said Pickering is at present very well but has mild feelings of anxiety. She was "95 per cent recovered" and "ready to move on" with her life.

The main issue for Pickering was that, "after having one episode of depression", she was "more prone to further episodes in the future".

The case continues today before Mr Justice Esmond Smyth.

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