Hogan v. Steel & Company Limited [1999] IEHC 175; [2000] 1 ILRM 330 (8th June, 1999)

Plaintiff suffered a loss of earnings as payments from employer were discretionary advances subject to repayment, not unconditional salary; Defendant is liable to Plaintiff for lost wages, and Plaintiff must repay employer upon receipt.

Citation: [1999] IEHC 175
Parties: Plaintiff: Plaintiff; Defendant: Defendant; Notice Party: Electricity Supply Board
Jurisdiction: Ireland
Procedural Posture: Civil / Judgment
Outcome: Plaintiff entitled to recover from Defendant the nett sum for loss of earnings; Plaintiff obliged to repay employer upon receipt.
Legal Topics: Loss of Earnings, Employer Advances, Third Party Liability, Contractual Undertakings

Tort Employment Law Loss of Earnings Employer Advances Third Party Liability Contractual Undertakings

Case Brief

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Parties

Plaintiff

Defendant

Electricity Supply Board

Notice Party

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff suffered a recoverable loss of earnings despite being paid by employer during absence
2 Whether Defendant is liable to Plaintiff for lost wages paid by employer
3 Whether Plaintiff is obliged to repay employer advances under contractual undertaking

Ratio Decidendi

Court Disposition

Plaintiff entitled to recover from Defendant the nett sum for loss of earnings; Plaintiff obliged to repay employer upon receipt.

Orders

Plaintiff to recover £30,475.87 from Defendant for loss of earnings.
Plaintiff to repay same sum to Electricity Supply Board upon receipt, pursuant to Clause 9.9 of 1975 Agreement and Letter of Undertaking.