FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : MICHAEL GANNON LANDSCAPING LTD - AND - JANIS GOLUBEVS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Decision r-094302-mw-10/EOS.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 21st December, 2010. A Labour Court Hearing took place on 24th May, 2012. The following is the Labour Court's Decision:
DETERMINATION:
This matter came before the Court by way of an appeal by Mr Janis Golubevs against the Decision of a Rights Commissioner in his complaint under the National Minimum Wage Act, 2000 against Michael Gannon Landscaping Limited.
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 statues 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
Caroline Jenkinson
9th July, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.