DG Kevin Bakhurst told the Oireachtas the broadcaster doesn’t owe money. The presenter may disagree
All signs suggest Tubridy takes the contrary view, although his camp is saying nothing. RTÉ said only that it “has paid Ryan Tubridy up to August”, adding that there would be no further comment beyond what was said at the committee meeting. Bakhurst previously indicated that RTÉ paid Tubridy less than he sought while he was off the air from June.
It may still remain open to Tubridy to take a case for wrongful dismissal in civil law, a case RTÉ would be certain to dispute. However, the barrister said that route could prove challenging for Tubridy. “That’s difficult enough. It’s very hard to get compensation for wrongful dismissal other than the value of the notice you were entitled to under the contract.”
“The starting point is what did the parties agree. If the parties agreed to something and for one of them it was improvident or unwise – and the other party wasn’t aware of that – the courts would be slow to move away from enforcing the parties’ bargain.” At one level, it is not too great a stretch to imagine RTÉ arguing the “for whatever reason” clause captures the circumstances in which Tubridy is out of the national broadcaster. Still, it is equally plausible to imagine Tubridy arguing it was RTÉ's very actions that the led to the situation in which he is out of a job with his RTÉ career in ruins.
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