The lead singer of U2, Bono, his brother, Mr Norman Hewson, and others failed in a High Court application yesterday to stay an action taken by a restaurant general manager who claims she was unfairly dismissed.
Ms Majorie Ronayne, of Rosemount Court, Booterstown, Co Dublin, claims she was general manager of two restaurants, Tosca and Dillons (later Dillon's Dublin Deli, Suffolk Street, Dublin). After she left Dillons, it was changed to Mr Pussy's Cafe de Luxe.
She has brought an action against Mr Norman Hewson, Bellevue, Delgany, Co Wicklow; Mr Paul Hewson (Bono), Padgreen Ltd, Beanstalk Investments and Bellion Ltd, all with an address at James Place East, Dublin; Mr Gavin Friday and Mr Alan Amsby, both of Suffolk Street, Dublin. She claims damages for alleged conspiracy by all the defendants.
Ms Ronayne has also brought proceedings for unfair dismissal before the Employment Appeals Tribunal (EAT). She named Padgreen Ltd and Bellion Ltd in those proceedings.
In court yesterday, the defendants applied to Mrs Justice McGuinness to stay Ms Ronayne's High Court action until the outcome of the EAT hearing. Mrs Justice McGuinness refused the application.
The judge said that while Ms Ronayne's claims were hotly denied, she believed Ms Ronayne had a case. Ms Ronayne would have no opportunity at the EAT hearing to sue the other defendants named in the High Court proceedings.
Mrs Justice McGuinness said she did not believe Ms Ronayne was taking High Court proceedings merely because of the presence of Mr Paul Hewson as one of the defendants. She accepted that Ms Ronayne wished to sue a defendant of substance. "Who did not?" she asked. Ms Ronayne was not engaged in undue harassment of Mr Paul Hewson.
Ms Ronayne has claimed she was employed by Padgreen Ltd since 1986 in respect of Dillons restaurant, and by Beanstalk Investments in relation to the Tosca restaurant. With Mr Norman Hewson, she was a director of both companies.
She alleged that Mr Paul Hewson, from about 1991, had advanced monies to Padgreen, Beanstalk and Mr Norman Hewson. She further alleged that Mr Norman Hewson had permitted Mr Paul Hewson to be a de facto shadow director and controller of both companies.
Ms Ronayne claimed that from 1991 to 1994, decisions were taken on business affairs without any effective input from her. The measures were at the insistence of Mr Paul Hewson. They included the change of name from Dillons to Dillon's Dublin Deli and the subsequent closure of the restaurant for alterations and redecoration in 1993.
She agreed to resign as a director of Padgreen and Beanstalk in 1994, but claimed she did not relinquish her rights as an employee. She was told in March 1994, that Dillon's Dublin Deli would in future trade as Mr Pussy's Cafe De Luxe. She alleged that the change of name was at the insistence of Mr Paul Hewson and that Mr Friday and Mr Amsby would control the day-to-day operations.
She alleged Padgreen had purported to serve a redundancy notice on her dated March 18th, 1994, stating closure of the restaurant as the reason for this. The notice was not served on her until March 30th, after she had disposed of her directorships.
The defendants deny Ms Ronayne's claims. They claim Ms Ronayne was employed only by Padgreen. On behalf of Mr Paul Hewson, it is denied he advanced monies to the two restaurant companies to defray operating costs. If he advanced monies, it is claimed this had no consequence for the matters alleged by Ms Ronayne. It is also denied that Mr Paul Hewson was a creditor or a shadow director and controller of the restaurants.
Before she resigned her directorships, it is claimed that Ms Ronayne was advised by the accountants and solicitors for the restaurant companies that the trading and other financial liabilities were such that the undertakings could no longer trade. It is claimed Ms Ronayne was advised that her participation might render her liable under the Companies Acts concerning reckless trading or otherwise.
Padgreen Ltd had ceased to trade because of substantial and unsustainable trading debts, it is claimed. It is admitted that a redundancy notice dated March 18th, 1994, was served on Ms Ronayne but it is denied the notice was not delivered to her until March 30th. It is also denied that Ms Ronayne's dismissal was procured by conspiracy.