Pilot talks action against Damon Hill for unfair dismissal

The Formula One racing driver, Mr Damon Hill, failed to attend a hearing of the Employment Appeals Tribunal yesterday despite a subpoena issued to him on December 20th.

Ms Mary Faherty, chairwoman of the tribunal, explained that at a hearing on September 15th it was agreed to serve a subpoena on Mr Hill conditional on his Irish address being established.

Mr Paul Greenfield, of Matheson, Ormsby, Prentice solicitors in Dublin, told the tribunal that while he was "not acting personally for Mr Hill" he had been advised by Mr Michael Breen, Mr Hill's business manager, that the driver "never personally received the subpoena".

It emerged earlier that the sale of Mr Hill's property at Dalkey, Co Dublin, was completed on December 10th.

Mr Daniel Higgins, a former pilot of Mr Hill's jet, was taking an action against Mr Hill's company, Damon Hill Grand Prix Ltd, alleging his dismissal in January of last year was in breach of the Minimum Notice Act. The tribunal was told Mr Hill had lost confidence in Mr Higgins as a pilot because "he sweated profusely on landing".

It was also denied that Mr Higgins was ever an employee of Mr Hill's company, but had been hired as a freelance by Mr Ambrose Blaine, a friend of Mr Hill's.

Mr Blaine, a former Ryanair pilot now flying with Emirates Airlines from Dubai since November 1997, told the tribunal he had been requested by Mr Hill to advise him on buying a Lear jet.

Mr Higgins told the tribunal he had flown 14,300 hours since 1972 and had been flying Mr Hill since July 1998. He was told by Mr Blaine on January 7th last year: "Damon Hill doesn't want you to fly him any more."

It emerged that Mr Higgins had then held the keys of the aircraft and relevant documents until paid £15,000 in what he said were payments due, including expenses, later in the month. Mr Blaine said the monies were in lieu of notice plus expenses due. They were paid by Mr Hill's company.

Mr Higgins said he had been a pilot with British Airways, based at Heathrow, when he was offered a job as pilot of a Lear jet Mr Hill was about to buy.

Mr Blaine denied offering a job to Mr Higgins, and expressed surprise that Mr Higgins should have shown interest. On June 8th, 1998, Mr Blaine, Mr Hill's manager, Mr Michael Breen, and Mr Hill met Mr Higgins in the Great Southern Hotel at Dublin Airport, with others. Mr Higgins said it was agreed with Mr Blaine that he would be paid £48,000 sterling gross per annum.

Mr Blaine told the tribunal Mr Higgins was to be paid £3,300 gross per month for his services on a freelance basis. It was paid from Mr Blaine's bank account.

Mr Blaine also said he was not paid by Mr Hill but attended various Grands Prix with him. It was also his hope that Airlink Airways, a company he was associated with in Dublin, would supply services for Mr Hill's jet.

He denied an allegation by Mr Higgins that he had wanted to cover up a serious incident involving Mr Hill's leased plane on October 21st, 1998. On a trip in France, where he was to pick up Mr Hill and his family, the jet developed "a major malfunction", depositing all fuel from an engine. He declared an emergency. "In 25 years [of flying] it was one of the most horrific experiences I had," Mr Higgins said.

Mr Blaine phoned him afterwards from Dubai and "he told me not to report this incident as no one was killed or injured. I told him I was captain of the plane and had to report the incident [by law]."

Mr Blaine said he was "perplexed as to why Mr Higgins should make such wild allegations against my character."

The hearing ended yesterday evening, and a written judgment will be provided.