EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Terry McCarthy RP831/2014
MN49/2014
against
John Moloney Motors Limited
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. P. Clancy
Members: Mr. W. O'Carroll
Mr. F. Dorgan
heard this appeal in Limerick on 14 April 2015
Representation:
_______________
Appellant(s):
Mr Fergus Murrihy, Redundant Workers Centre,
St Mary’s Adult Education Centre, Island Road, Kings Island, Limerick
Respondent(s):
No attendance or representation
The decision of the Tribunal was as follows:-
Claims were brought under redundancy and minimum notice legislation. The Tribunal was told that the redundancy lump sum had eventually been paid but it was sought on behalf of the claimant that the Tribunal conduct a hearing against the principal of the now-dissolved respondent company in his personal capacity after serving him a hearing notice to his home address in his own name. The Tribunal was referred to documentation as indicating that the principal had personally guaranteed to pay the claimant in full.
Determination:
The appeal under the Redundancy Payments Acts, 1967 to 2007, is deemed withdrawn given that the Tribunal was told that the appellant had received his redundancy lump sum.
As for the minimum notice claim, it is open to the claimant to attempt to pursue the respondent company’s principal, in his personal capacity, through this forum. It is noted that redundancy money was eventually received but the Tribunal is not willing to lift the veil of incorporation and summon the principal of a dissolved company to a hearing. The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)