27 Oct 2009 4:34 PM:
Medsea have succeeded in preventing Karen Mulcahy and William Andrews, (former Medsea commercial managers), from claiming thousands in unpaid wages from the PLC. The two-day tribunal hearing in Bristol, Mulcahy & Andrews v Medsea PLC/SL ended on the first day, 26 October 2009. However, the pair have won their case against Medsea SL, the Spanish company group.
Despite a plethora of evidence to show Medsea promoting its group of Spanish companies under the PLC flagship, the ruling established that Mulcahy and Andrews had signed agreements with the Spanish companies and had no claim against the PLC. This will impact on dozens of small businesses and agents who were hoping that a win by these former employees would open the floodgates for claims for lost commissions against AIM PLC which Medsea PLC changed its name to early this year.
The court ruling does raise some serious questions about the role of PLCs. Are employees and people doing business with companies under a flagship PLC at risk?
Who can forget Medsea’s ‘Peace of Mind Charter’ agents were asked to deliver to their clients? Or the emails that implored us to promote Medsea as a PLC with the insignia of Medsea Group PLC on its publicity material? We were assured our commissions would be paid and our clients could buy safely through Medsea, simply because it was a PLC. In real terms, the companies just stopped paying commission to its agents and wages to its staff leaving them to fight for their redundancies in the courts while chairman, Tony Gatehouse and chief executive, Juan Carlos Rodriguez Martinez dodged questions about where the money was going and maintained promises for over a year that they were preparing a court case against Bella Calabria, the builder they claimed had stolen agents’ commissions. Meanwhile, Medsea’s group of Spanish companies dropped the PLC before changing its name from Medsea PLC to AIM PLC leaving Gatehouse and Martinez to collect hundreds of thousands in salaries before telling staff, agents and creditors the pot was empty.
But it’s not over yet. Spanish lawyer, Francisco David Perez Gimenez is now challenging Medsea’s lawyers with a string of allegations from former Medsea clients that monies have been lost or misappropriated. According to Gimenez, the matter could yet be settled in the Spanish criminal courts.
Forum thread:
Medsea Properties
--------------------------------------