D.E. Egan, Apprentice Jockey / Kevin Prendergast, Trainer
Referral of Dispute

The Referrals Committee, Neville O’Byrne (in the Chair), Sean Barry and Liam Ward met at the Turf Club, The Curragh, Co. Kildare on 10th March 2011 to consider the referral of a dispute between D.E. Egan, Apprentice Jockey, and Kevin Prendergast (Trainer and Master of D.E. Egan) under the provisions of Rule 150(vii).  The matter was referred as it had not been possible to resolve the difficulties which had arisen between both parties in advance of the hearing.

Evidence was heard from Richard Hayden, Turf Club Licensing Department, Seamus Gibson, Secretary to the Licensing Committee, D.E. Egan, Apprentice Jockey, and Paul Flynn, Trainer for whom D.E. Egan is now employed.

In his evidence Richard Hayden outlined the background to the Deed of Apprenticeship Agreement and the responsibilities of both parties under the Agreement.

Seamus Gibson gave details of the case and the unsuccessful efforts that had been made to resolve the dispute.

D.E. Egan confirmed that he had walked out of Kevin Prendergast’s employment last year.  He said he phoned on a number of occasions to apologise to Mr. Prendergast but was unable to speak to him.  He also said that he subsequently wrote to Mr. Prendergast to apologise in writing, but despite this he was unable to secure a release from his apprenticeship.  He said he is now working for Paul Flynn and if he secures his release from Mr. Prendergast, Mr. Flynn has confirmed to him that he would be happy to offer him an apprenticeship.  Paul Flynn confirmed this.  D.E. Egan accepted that he should have given two weeks notice of his intention to terminate his employment with Kevin Prendergast.

Having considered the evidence the Committee ordered that D.E. Egan’s apprenticeship with Kevin Prendergast be terminated subject to the following conditions:

1. That a letter is sent to Kevin Prendergast (copied to the Turf Club) apologising to him for walking away from his employment and not giving two weeks notice as required under the Deed of Apprenticeship.
2. That a letter is sent to the Turf Club giving an undertaking that he will not breach the terms of any Deed of Apprenticeship again.
3. That confirmation is received from D.E. Egan that there is an offer of an apprenticeship with Paul Flynn.

The case was presented by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.