The Labour Court has ordered a tech company to pay over half a million US dollars to its Irish founder after the firm failed in its appeal against what it claimed to be an “excessive” unfair dismissal award.
It ruled that because of his high pay and past track record in business, the sacked CEO was entitled to focus on setting up a new company while jobless, instead of trying to find employment.
Mick Kiely, the founder of Hyph Ireland Ltd, was ousted from his $384,000-a-year (€326,000) job as chairman of the music app company and CEO of its Irish arm in November 2021.
He was awarded €440,000 in February 2024 on foot of a complaint under the Unfair Dismissals Act 1977. It was, at the time, the largest award made by the Workplace Relations Commission (WRC) for a breach of that Act.
RM Block
The Labour Court has now increased the award to €445,440 following a failed appeal by the company, in a ruling just issued to the parties this week.
The company had admitted unfair dismissal when the case came before the WRC in 2023, leaving the question of compensation the main matter in dispute.
At the Labour Court, Mary-Paula Guinness, for the employer, called the WRC award “excessive” due to the circumstances of the dismissal and later actions by Mr Kiely. She also argued he had failed to seek any alternative employment to reduce his losses.
The company’s position was that Mr Kiely, who had worked in Los Angeles for the firm since 2017, departed the United States at the start of the Covid-19 pandemic and returned in late 2021 on the wrong visa.
It had received advice that it was “illegal” to continue to employ him, it was submitted.
Equity
Mr Kiely told the court in his evidence that he had an argument with group CEO, Max Renard, about equity on November 18th, 2021. Later that day, the dispute continued when he and his wife encountered Mr Renard at a bar in Boston, Mr Kiely told the tribunal.
He said that after seeking to have the matter addressed by the company’s leadership, the firm’s then-chief financial officer, Steve Gallucci, wrote to him terminating his employment the following day, November 19th.
Mr Kiely said the visa issue cited was a “complete fabrication” and that he had the right to keep on working in research and development.
Jason Murray, for the complainant, said his client feared legal action if he breached a 12-month non-compete clause following his dismissal.
He said his client had asked Mr Renard to release him from the non-compete, but was refused – leaving him “unable to work in his field” in the year after his dismissal.
Mr Kiely’s legal team submitted that he earned around €10,000 from running holiday homes in Co Clare and $2,000 for music production in that time, but was able to launch a new business by May 2023.
The court found the dismissal was unfair and that compensation of $512,000, 16 months’ pay for Mr Kiely, was “just and equitable”.
It directed payment of €445,440 to Mr Kiely based on the June 2025 euro-dollar exchange rate.
