ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008014
Parties:
| Complainant | Respondent |
Anonymised Parties | A Restaurant Worker | A Restaurant |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010911-001 | 06/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00010911-002 | 06/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010911-003 | 06/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010911-004 | 06/04/2017 |
Date of Adjudication Hearing: 18/08/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints) to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Preliminary Matter :
The respondent listed in this complaint, which was one of twelve against this and a related respondent by six different complainants had been a Director of the company which had previously employed the complainant prior to the closure of the business.
The original company which operated the business has, however since been dissolved. Accordingly the current respondent is not properly a respondent for the purpose of the case. Neither he (nor his fellow director) have a personal liability for the liabilities of the business.
The Labour Court has decided that the former Rights Commissioner service had no jurisdiction to hear a dispute where the employer company has been dissolved.
In Michael Gannon Landscaping Ltd v Golubevs MWD6/2012, the Labour Court held that, in the absence of any statutory provision giving a dissolved company a legal status for the purpose of proceedings under the Act; it had no jurisdiction to hear the complainant’s appeal.
Accordingly, I could not proceed to hear the complaints. I note however that the former directors have agreed to work with the complainants in supporting an application for payment from the Social Insurance Fund. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
For the reasons set out above I had no jurisdiction to hear complaints CA-00010911-001, 002, 003, and 004 they are therefore not upheld. |
Dated: 14/09/17
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Jurisdiction, company wind up. |