Anthony Burke, former finance director for the European, African and Middle Eastern arm of refrigeration giant Thermo King, appeared in court yesterday to defend himself against allegations of breach of contract.

Mr Burke, who was employed by Thermo King Ireland in Galway for 22 years before being dismissed in March 2000, is being sued by the company for failing to adhere to the terms of his severance agreement the company claims was reached on October 6th, 2000.

However, Mr Burke, of Roscam, Galway, claims no agreement was reached because Thermo King failed to agree to the amendments he requested, which included a requirement that the £310,000 payout be tax-free and that he would receive his full pension immediately.

A previous trial scheduled for October 10th, 2000, was called off after the legal parties involved believed they had reached an agreement over the severance package on October 6th, 2000, the court heard.

Mr Burke, who is defending himself, is also being sued by his former legal team Ivor Fitzpatrick for legal costs.

Speaking as a witness yesterday, Mr Ercus Stewart SC, a member of the defence team at the time of the proposed original trial in 2000, said that no such amendment was made to the settlement document. He also denied that any agreement was made about stock options and said as far as he could recall "the terms were agreed as written" before he left the building that evening. He also denied that the company had agreed to pay £60,000 towards Mr Burke's legal costs.

Mr Burke, who will give his evidence today, questioned Mr Stewart's authority to settle the case on behalf of the company.

In an affidavit submitted as part of the 2000 case and reported at the time, Mr Burke said he had first become aware of the company's desire to dismiss him in January 2000 after a meeting with the then managing director of Thermo King Ireland, Christy Hayes.

His employment was terminated only three months later on March 28th.

The case resumes today.