EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Jonathan Harvey
- claimant UD940/2014
RP519/2014
MN482/2014
WT142/2014
Against
Carlton Shearwater Hotel Limited (In Liquidation)
– respondent 1
Myrtlevale Limited
– respondent 2
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr T. Gill
Mr T. Gill
heard this claim at Galway on 23rd October 2015
Representation:
Claimant(s) : In person
Respondent(s) : No appearance by or on behalf of the first named respondent
Mr Ronnie Lawless, IBEC, 84/86 Lower Baggot Street, Dublin 2 on behalf of
the second named respondent
Preliminary Determination
The Tribunal is satisfied that all parties were on notice of the hearing and noted a letter from the liquidator of the first named respondent dated the 19 September 2015 indicating that he will not be contesting the claims.
The claimant withdrew the claims under the Redundancy Payments Acts 1967 to 2007, Minimum Notice and Terms of Employment Acts, 1973 to 2005 and Organisation of Working Time Act 1997.
The representative for the second named respondent submitted that his client attended the Tribunal hearing out of courtesy only and is not party to this claim. It was submitted that the second named respondent took over the business in December 2014 and the claimant’s employment had terminated in March 2014 therefore the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 did not apply.
The Tribunal having considered the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 and the circumstances around the claimant’s dismissal in 2014 is satisfied that the current operators should be added to the proceedings.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)