Case Number: IAD211. Labour Court

• Judgment Date: 01 April 2021
• Year: 2021
• Docket Number: IAD211
• Court: Labour Court (Ireland)

FULL RECOMMENDATION; IA/20/3; ADJ-00021490 CA-00028194-002 DETERMINATION NO. IAD211 ; PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2012 ; PARTIES : VINCENT SHIELDS SOLICITORS VINCENT SHIELDS; - AND -; MS MAJELLA O' HANLON; (REPRESENTED BY GILVARRY & ASSOCIATES SOLICITORS); DIVISION : Chairman: Mr Geraghty Employer Member: Ms Doyle Worker Member: Ms Tanham ; SUBJECT : 1. Appeal of Adjudication Officer's Decision No. ADJ-00021490 CA-00028194-002; BACKGROUND : 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 44, Workplace Relations Act 2015, Protection of Employees (Employer's Insolvency)Acts 1984 to 2012 on 26 March 2020.; Labour Court Hearings took place on 5 and 24 March 2021. The following is the Determination of the Court:-; DETERMINATION : This is an appeal by Ms. O’ Hanlon, ‘the Complainant’, under the Protection of Employees (Employer’s Insolvency) Act 1984, ‘the Act’, of a Decision of an Adjudication Officer, ‘AO’, that the Complainant had not cited the Department of Employment Affairs and Social Protection, the Department’, as a Respondent in her complaint under the Act and that, accordingly, the AO did not have jurisdiction to hear the matter. ...