UD979/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                              CASE NO.

Neringa Jasiunaite

                   (claimant)                                                                                   UD979/2013                          

against Arthur Campbell T/A Spar       (respondent)

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Ms. N. O’Carroll-Kelly B.L.

Members:       Mr. M.Noone

                        Mr. J. Flannery

heard this claim at Dublin on 18^th September, 2014

Representation:

Claimant:        Mr. Mark O’Connell, B.L. instructed by Lalloo & Co. Solicitors, 6 Ellis Quay,

                        Dublin 7

Respondent:    Rory O’Reilly, B.L. instructed by O’Reilly Thomas, 8 North Quay, Drogheda,

                        Co. Louth

The determination of the Tribunal was as follows:

The correct employer in this case was identified as Viart Limited and not the above named respondent. The claimant’s representative made an application to amend the respondent’s name and as this application was opposed, the Tribunal is satisfied that it has no jurisdiction to hear the case.

Accordingly, the claim fails under the Unfair Dismissals Acts, 1977 to 2007, on the grounds that the claim was brought against the wrong respondent and there was no consent at the hearing to amend the name of the respondent.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)