FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2008 PARTIES : J.O.R. SECURITY LIMITED (IN LIQUIDATION) - AND - DMITRIJS TROSKOVS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal uder Section 83 of The Employment Equality Acts, 1998 to 2008.
BACKGROUND:
2. A Labour Court hearing took place on the 2nd March 2011. The following is the determination of the Labour Court:-
DETERMINATION:
This matter came before the Court by way of an appeal by Dmitrijs Troskovs against the decision of the Equality Tribunal in his complaint of discrimination against JO'R Security Limited.
The Court was informed that the Respondent Company has been dissolved. Consequently the Respondent 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 s.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
4th March, 2011______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.