FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2008
FIRST BATHROOM SOLUTIONS LTD (IN LIQUIDATION) (REPRESENTED BY KPMG CHARTERED ACCOUNTANTS) - AND - STASYS TARVYDAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS)
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SUBJECT:
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2008
BACKGROUND:
2. The appeal was submitted tothe Labour Court on 27th July 2010 in accordance with Section 83 of the Employment Equality Acts 1998-2008. A Labour Court hearing took place on 11th March, 2011. The following is the Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal by Stasys Tarvydas against the Decision of the Equality Tribunal in his complaint of discrimmination against First Bathrooms Solutions Ltd.
The Court was informed that the respondent Company has been dissolved. Consequently the Respondent Company in this case has ceased to have any legal existence and its assets (if any) have been vested in the Minister for Finance by virtue of Section 28 of the State Property Act 1954.
In the absence of any statutory provision giving a dissolved Company a legal status for the purpose of proceedings under the Act, the Court has no jurisdiction to hear this appeal.
The Court determines accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
12th April 2011______________________
AHChairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.