Celtic Tiger poster boys lose nightclub legal bid

Twin brothers who set up Dublin nightclub Residence have lost a last-chance legal challenge to retain some involvement in the running of the business.

Socialites Christian and Simon Stokes have lost their claim for unfair dismissal against the new owners of the club after it was placed in receivership in Jan 2010.

The Employment Appeals Tribunal ruled the brothers were hired as consultants rather than employees by the new owners of the venue on St Stephen’s Green in Jul 2010.

As a result, the EAT could not consider their claim for unfair dismissal as they were not regarded as employees under labour legislation.

The Stokes had claimed they were unfairly dismissed in Sept 2010 by Brian Long and Olivia Gaynor-Long six weeks after they took over the company, Molana.

The 36-year-old twins said they were forced to resign as directors and employees of Molana in order to be hired as consultants and did not realise the consequences of their actions. However, the EAT said they had resigned from Molana with the benefit of legal advice and should have been aware of the consequences.

The decision represents another financial setback for the two Stokes, who were regarded as poster boys of the Celtic Tiger economy, as owners of several bars and restaurants including the original Bang restaurant on Dublin’s Merrion Row which collapsed with debts of €2.4m.

In a separate ruling, the EAT awarded the former fresh food manager of Barry Collins SuperValu in Carrigaline, Co Cork, €7,000.

The tribunal ruled that Seán Molloy of Weston View, Carrigaline had been unfairly dismissed by the supermarket in Feb 2010.

It noted the supermarket had provided no documentary evidence to show Mr Molloy had been made redundant because of his performance and was not satisfied his selection was on an impersonal basis.

The EAT also dismissed an application by the supermarket for costs on the basis that Mr Molloy’s claim was frivolous and vexatious.