Partner sacked without being given a hearing

A company director agreed to sack a business partner of racing driver Eddie Irvine without having heard his case against dismissal, an Employment Appeals Tribunal has heard.

John Foley and Irvine were partners in Calview Investments, which owns Cocoon and O'Reilly's pubs in Dublin. Mr Foley was also a director of the company along with Keith Mallin and Maria Drummond.

Mr Mallin has told the tribunal he decided to sack Mr Foley after he repeatedly bounced cheques in the pubs and used company money for his own purposes.

Mr Foley is taking a case against Calview for unfair dismissal.

A board meeting was held on April 9th, 2003, where the decision was made to sack Mr Foley. However, Mr Mallin was the only director at the meeting. Ms Drummond was not in the country and Mr Foley was not invited.

Mr Mallin said yesterday that he telephoned Ms Drummond, who was in China, and secured her agreement to Mr Foley's dismissal. He said he was not aware if Ms Drummond had ever met Mr Foley.

Tribunal chairman James Flanagan asked if Mr Foley was given an opportunity to make his case to Ms Drummond.

"He was given the opportunity to make his case to me and [company adviser] Paul O'Hare. Ms Drummond was not involved in the day-to-day running of the business," Mr Mallin said.

Mr Flanagan asked why Mr Foley, a director, had not been invited to the board meeting.

"From a technical point of view, maybe I was wrong, but I didn't feel it was appropriate to have him there," Mr Mallin said.

Earlier, Mr Mallin told the tribunal he and Mr O'Hare had to go to the Garda before Mr Foley returned €13,000 he owed the company.

The money had been taken out of the company accounts in July 2002 and had not been returned at the time of Mr Foley's dismissal in April 2003, Mr Mallin said.

The case continues today.