ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030094
Parties:
| Complainant | Respondent |
Parties | Pawel Hanulak | Silverbeach Construction Limited Stillman Building Contracting |
Representatives | Carter Anhold & Co. Limited, Solicitors. | Did not attend. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00039777-001 | 11/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039777-002 | 11/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00039777-003 | 11/09/2020 |
Date of Adjudication Hearing: 27/10/2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant commenced employment with the Respondent on 01/04/2009 and remained in employment until 28/02/2020 when his job was made redundant. The Respondent company was dissolved on 17th May 2021. This complaint was received by the Workplace Relations Commission on 11th September 2020. |
Summary of Complainant’s Case:
|
Summary of Respondent’s Case:
|
Findings and Conclusions:
The named respondent, Silverbeach Construction Limited was dissolved on 17th May 2021. As such the Respondent company is no longer a legal entity. I explained this to the Complainant’s representative on the day of the hearing and informed her that it was impossible to pursue a complaint against a dissolved company. I have no jurisdiction to hear this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
As outlined above |
Dated: 13-04-2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
|