ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030813
Parties:
| Complainant | Respondent |
Parties | Pawel Gorski | Fox Commercial Spray & Sign Ltd |
Representatives | Séagh MacSiúrdáin, FIOS Consultants | Mary Thornton & Associates Limited |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00041107-001 | 18/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00041107-002 | 18/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00041107-003 | 18/11/2020 |
Date of Adjudication Hearing: 13/12/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
These complaints were submitted to the WRC on November 18th 2020 and, in accordance with section 41 of the Workplace Relations Act 2015, they were assigned to me by the Director General. A hearing was arranged for December 13th 2021 and the parties were notified to this effect on November 4th. On November 25th, the WRC received correspondence from Mary Thornton & Associates Limited, on behalf of Fox Commercial Spray and Sign Limited. Ms Thornton stated that Fox Commercial Spray and Sign Limited was struck off the Companies Register on February 17th 2021. The website of the Companies Registration Office shows that the company applied for voluntary strike off on September 25th 2020.
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.
A dissolved company ceases to have legal existence and therefore cannot be a respondent to proceedings under employment legislation. For this reason, I have no jurisdiction to hear Mr Gorski’s complaint. |
Dated: 14th February 2022
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Company struck off the Companies Register |