Simpson -v- Torpey & Ors [2011] IEHC 342 (04 August 2011)

Simpson -v- Torpey & Ors [2011] IEHC 342 (04 August 2011)

The court held that, as no group structure or corporate employer was ever established, the contract was with the individual defendants, who are jointly and severally liable for all contractual entitlements, including salary, notice pay, and profit share. The bonus was not payable as no targets were agreed. The profit share and Titan deal payment were due as per the contract, subject to calculation.

Citation
[2011] IEHC 342
Parties
Plaintiff: Joe Simpson; Defendant: Alan Torpey; Defendant: Eduardo Doandes; Defendant: Paul Doody; Defendant: Gerry Cosgrave
Jurisdiction
Ireland
Judgment Date
04 August 2011
Procedural Posture
Civil Contract/employment / High Court Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Employer Identification, Profit Share Entitlement, Bonus Entitlement, Notice Pay, Personal Liability of Defendants
Employment Law Contract Law Employer Identification Profit Share Entitlement Bonus Entitlement Notice Pay Personal Liability of Defendants

Case Brief

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Parties

Joe Simpson

Plaintiff

Alan Torpey

Defendant

Eduardo Doandes

Defendant

Paul Doody

Defendant

Gerry Cosgrave

Defendant

Procedural Posture

Civil Contract/employment / High Court Judgment

Legal Issues

  1. 1 Who was the plaintiff's employer under the contract?
  2. 2 Is the plaintiff entitled to salary, notice pay, and bonus?
  3. 3 Is the plaintiff entitled to a profit share and the Titan deal payment?

Ratio Decidendi

The court held that, as no group structure or corporate employer was ever established, the contract was with the individual defendants, who are jointly and severally liable for all contractual entitlements, including salary, notice pay, and profit share. The bonus was not payable as no targets were agreed. The profit share and Titan deal payment were due as per the contract, subject to calculation.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Defendants held jointly and severally liable for one month's unpaid salary (€16,667) and three months' notice pay (€46,154) to the plaintiff.
  • Plaintiff not entitled to bonus as no targets were agreed.