Waterford Multiport Limited (In Liquidation) v. Fagan [1999] IEHC 158 (13th May, 1999)

Waterford Multiport Limited (In Liquidation) v. Fagan [1999] IEHC 158 (13th May, 1999)

Notices of termination served with certain dates and appropriate statutory length comply with Section 4 of the Minimum Notice and Terms of Employment Act, 1973, even if given in the context of a Scheme of Arrangement subject to court approval. The subsequent failure of the Scheme does not invalidate the notices, and continued employment after expiry does not constitute re-employment or waiver unless mala fides is shown.

Citation
[1999] IEHC 158
Parties
Plaintiff/appellant: Bell Lines Limited (in liquidation); Plaintiff/appellant: Waterford Multi Port Limited (in liquidation); Defendant/respondent: Maria Boyle and others; Defendant/respondent: Mary Clohisey
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Minimum Notice, Termination of Employment, Liquidation, Scheme of Arrangement, Redundancy
Employment Law Company Law Minimum Notice Termination of Employment Liquidation Scheme of Arrangement Redundancy

Case Brief

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Parties

Bell Lines Limited (in liquidation)

Plaintiff/appellant

Waterford Multi Port Limited (in liquidation)

Plaintiff/appellant

Maria Boyle and others

Defendant/respondent

Mary Clohisey

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether notices of termination served under a proposed Scheme of Arrangement comply with Section 4 of the Minimum Notice and Terms of Employment Act, 1973
  2. 2 Whether conditional notices are valid under the Act if the Scheme fails
  3. 3 Effect of continued employment after expiry of notice period

Ratio Decidendi

Notices of termination served with certain dates and appropriate statutory length comply with Section 4 of the Minimum Notice and Terms of Employment Act, 1973, even if given in the context of a Scheme of Arrangement subject to court approval. The subsequent failure of the Scheme does not invalidate the notices, and continued employment after expiry does not constitute re-employment or waiver unless mala fides is shown.

Court Disposition

appeal allowed

Orders

  • Declarations that the Employment Appeals Tribunal erred in law in finding the notices invalid under Section 4 of the Act
  • No further orders required in respect of ancillary reliefs