AN AGREEMENT signed by the former manager of the world's oldest yacht club in which he agreed to lake a sum of money in full and final settlement of all matters did not preclude him appealing his redundancy to the Employment Appeals Tribunal, a Circuit Court Judge decided in Cork yesterday.
Mr Donal Hurley (60) should have been advised in writing by the club to take legal advice on his situation when he was being let go in February 1996, Judge Con Buckley said.
While he believed the Royal Cork Yacht Club had acted within its rights in the decision to make its manager redundant, the agreement was void because it should have referred to his rights under the Unfair Dismissals and Redundancy legislation.
Mr Hurley, who was given a final settlement of £13,850 by the RCYC, signed the agreement which the club claimed precluded him from taking action against it as his former employer.
He must now repay the money and continue his case before the Employment Appeals Tribunal, the judge ruled. No order was made on costs which means both sides must pay their own.