Hutton v Philippi

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 01 January 1982
• Date: 01 January 1982

E.A.T.

Hutton

and

Philippi

Initiation of claim - Death of employer - Whether claim should proceed against the personal representatives -Nature of proceedings before Employment Appeals Tribunal - Whether employee dismissed - Remedy - Civil Liability Act, 1961 (No. 41) s. 8 (1) - Succession Act, 1965 (No. 27), s. 8 -Unfair Dismissals Act, 1977 (No. 10), ss 1. 15.

The appellant filed his claim against his employer, Mrs Philippi, with the Unfair Dismissals Tribunal in accordance with s. 8 of the Unfair Dismissals Act, 1977. A notice of appearance signed by the respondent was duly lodged. Shortly afterwards the respondent died. She made a will appointing her son Major George Phillippi her executor. A preliminary hearing of the tribunal was held to determine the issue of the appellant's claim against a deceased employer. The definition of "employer" given in s. 1 of the Unfair Dismissals Act, 1977, does not include any reference to the personal representative of the employer. By way of contrast the word "employee" is defined as including "in the case of the death of the employee concerned at any time following the dismissal, his personal representative". It was argued for the respondent that in the light of such facts the claim by the employee must lapse for want of a person against whom it might be brought. It was further submitted that even if the claim should not lapse it would be necessary to change the title of the claim to show it was not maintained against the personal representative of the...