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3 Jul, 2009 18:48 CET
The District Court of Reykjavík today ruled in favour of Eimskip regardingclaims brought by Baldur Gudnason, the company's former CEO, for the payment ofwages for two years up to the end of February 2010. The ruling is based on thefact that Baldur abused his position and, as a result, his severance agreementshould be invalidated. Baldur requested the recognition of his rights with respect to Eimskip to fullwages, holiday pay and pension contributions from 1 May 2008 up to andincluding 28 February 2010 on the basis of an annex to his employment contract.Monthly payments would have amounted to approximately EUR 56,520 per month,i.e. wages, holiday payment and pension contributions. Based on the current EURrate of exchange, this would have meant a payment of approximately ISK 10m amonth for just under 2 years. Eimskip based its request for the claim to be dismissed on the fact thatBaldur's employment contract had been cancelled and that he had actedfraudulently in the preparation of the annex to the employment contract.Furthermore, they countered the claim on the basis of Articles 33 and 36 of theContract Act, i.e. the dishonesty and unfairness displayed by Baldur. Finally,the company also based its request for the claim to be dismissed on the factthat prerequisites for the annex to Baldur's employment were no longer valid. The District Court agreed with Eimskip that Baldur had, against his betterjudgement, abused his position and, as a result, that the agreement should beinvalidated on the basis of Article 30 of Act No. 7/1936, and upheld thecompany's request for the claim to be dismissed.