Simpson -v- Torpey & Ors [2012] IEHC 181 (23 March 2012)

Simpson -v- Torpey & Ors [2012] IEHC 181 (23 March 2012)

The plaintiff is entitled to arrears of salary, pay in lieu of notice, bonus, and pension contributions as per the employment contract, but not to a share of the Titan monies or profit share due to lack of evidence and abandonment of claim. Costs are awarded to the plaintiff with a reduction for the failed Titan claim.

Citation
[2012] IEHC 181
Parties
Plaintiff: Joe Simpson; Defendants: Alan Torpey, Eduardo Doandes, Paul Doody and Gerry Cosgrave, trading as R. I. Investment Group
Jurisdiction
Ireland
Judgment Date
23 March 2012
Procedural Posture
Civil / Final Judgment and Orders After Principal Judgment
Outcome
Judgment for the plaintiff in part.
Legal Topics
Entitlement to Salary Arrears, Pay in Lieu of Notice, Bonus Entitlement, Profit Share Calculation, Pension Contributions, Costs of Proceedings
Employment Law Contract Law Entitlement to Salary Arrears Pay in Lieu of Notice Bonus Entitlement Profit Share Calculation Pension Contributions Costs of Proceedings

Case Brief

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Parties

Joe Simpson

Plaintiff

Alan Torpey, Eduardo Doandes, Paul Doody and Gerry Cosgrave, trading as R. I. Investment Group

Defendants

Procedural Posture

Civil / Final Judgment and Orders After Principal Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to arrears of salary, pay in lieu of notice, bonus, and pension contributions under his employment contract
  2. 2 Whether the plaintiff is entitled to a share of profits from certain development projects
  3. 3 Whether the plaintiff is entitled to a share of the 'Titan monies'

Ratio Decidendi

The plaintiff is entitled to arrears of salary, pay in lieu of notice, bonus, and pension contributions as per the employment contract, but not to a share of the Titan monies or profit share due to lack of evidence and abandonment of claim. Costs are awarded to the plaintiff with a reduction for the failed Titan claim.

Court Disposition

Judgment for the plaintiff in part.

Orders

  • Defendants to pay plaintiff €137,533 with interest from 1 November 2008 under s.22 Courts Act 1981.
  • Defendants to pay plaintiff's costs of the proceedings, taxed on the basis of a three-day action, excluding costs after the principal judgment.