An out-of-court settlement has been reached in a High Court case in which a TEAM Aer Lingus aircraft maintenance engineer took legal action against Aer Lingus plc. The action is expected to have implications for other TEAM workers in dispute with the airline.
Mr John Garvan Moore, of The Lane, Oldtown, Co Dublin, had sought declarations from Aer Lingus that he is and was at all material times an employee of the airline company and that he is not and was not at any material times an employee of TEAM Aer Lingus.
He also sought an injunction restraining Aer Lingus from engaging in discrimination against him in breach of an agreement whereby he was sent by Aer Lingus to work on secondment for TEAM Aer Lingus Ltd. He further sought damages for breach of contract by Aer Lingus.
Aer Lingus had submitted that Mr Moore, before his employment with TEAM, was an employee of the airline and denied that he was seconded to TEAM by it.
The case was due to open before Mr Justice Kinlen in the High Court yesterday and was expected to last a week.
However, after three hours of out-of-court discussions yesterday, a settlement was agreed between the parties.
Mr Martin Giblin SC, for Mr Moore, told the judge that in the time available the parties had been able to resolve their difficulties and he was able to say that the matter had been settled on certain terms.
Mr Giblin said his client's claim was to be struck out on the basis of a declaration, order for payment and order for costs being made by the court in terms set out in a letter of May 14th, 1998, from Arthur Cox and Co, solicitors, on behalf of Aer Lingus to the plaintiffs' solicitors, L.K. Shields and Co, with the exception of minor changes.
In the letter Aer Lingus conceded that Mr Moore was at all material times one of its employees. It also agreed to pay him the sum of £4,022 damages on foot of his breach of contract claim, and his legal costs.
Mr Giblin said both sides acknowledged that monies payable to the plaintiff under the transfer package dated May 6th last were to be reduced by the amount paid under yesterday's settlement.
Mr Justice Kinlen said the court would make the appropriate orders as agreed by both parties. He congratulated both sides.