EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE UD128/2013 - claimant
against
EMPLOYER - first named respondent
EMPLOYER - second named respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr M. Noone
Mr J. Flannery
heard this claim at Portlaoise on 1st November 2013
Representation:
Claimant(s) : In Person
Respondent(s) :
The determination of the Tribunal was as follows:-
Background:
The claimant lodged a T1A form citing the second named respondent to the Work Place Relations Customer Service on the 21st December 2012. A copy of his claim was submitted to the second named respondent on the 28th January 2013. A T2 form and covering letter from IBEC was received by the Employment Appeals Tribunal on the 5th February 2013 stating the correct name of the respondent in this case was the first named respondent. They also stated they would be representing the first named respondent on the day of the hearing. This first named respondent was added to the claim.
On the day of the hearing, the 1st November 2013, all parties were present. No application was made by the claimant to change the name of the respondent to the first named respondent in this matter.
Determination:
The representative made an application to strike the claim out against the second named respondent in this matter as there was no application made by claimant to change the name of the respondent to the first named respondent.
The Tribunal finds it had no alternative but to strike out the claim under the Unfair Dismissals Acts, 1977 to 2007 as it does not have the authority to change the title of the respondent without a formal application by the claimant.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)