Dismissal action over remark settled

A man who worked with Cadbury for almost 30 years and who went to court to block his dismissal after a dispute over a remark …

A man who worked with Cadbury for almost 30 years and who went to court to block his dismissal after a dispute over a remark to his boss stated to be intended as a "joke" has settled his action against the company, the High Court heard yesterday.

Kevin Costello, Pinewood Park, Rathfarnham, Dublin, had reached agreement with Cadbury Ireland Ltd, and the proceedings between the sides could be struck out, Mr Justice Thomas Smyth was told.

The terms of settlement were not disclosed in full but involve Mr Costello leaving the company on agreed terms.

The purported dismissal of Mr Costello arose after a remark to his boss, intended as a joke, at a dinner following a sales conference in February.

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Before that, there had been no complaint about Mr Costello's work but thereafter, complaints were made about his performance culminating in a purported dismissal, an earlier court hearing was told.

Last March, Mr Costello's lawyers secured an interim injunction restraining Cadbury from effecting his dismissal.

Mr Costello was a sales representative with the chocolate-makers for 29 years.

Michael Howard SC, for Cadbury, said it had been agreed the terms of the settlement were confidential. He said Mr Costello's employment was "terminated from today" and that he had withdrawn his request for early retirement.

There was also no admission of liability by Cadbury.