Nova Colour Graphic Supplies Ltd v The Employment Appeals Tribunal

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Barron
• Judgment Date: 06 May 1987
• Neutral Citation: 1987 WJSC-HC 1009
• Date: 06 May 1987
• Docket Number: 15 JR/1986,[1986 No. 15 J.R.]

NOVA COLOUR GRAPHIC SUPPLIES LTD v, EMPLOYMENT APPEALS TRIBUNAL

NOVA COLOUR GRAPHIC SUPPLIES LIMITED

V.

THE EMPLOYMENT APPEALS TRIBUNAL

1987 WJSC-HC 1009

15 JR/1986

Synopsis:

EMPLOYMENT

Continuity

Business - Transfer - Tribunal - Decision - Question of fact - Respondent employee claimed compensation for unfair dismissal by applicant company - The amount of the compensation payable depended upon whether or not the business of an earlier employer of the employee had been transferred to the applicants - The Employment Appeals Tribunal decided that there had been such transfer - Held that there was evidence that the applicants were put in possession of the business of the earlier employer as a going concern, and that there was evidence that the employee had continued to work as if no change of ownership had occurred - Held that there had been evidence to support the decision of the tribunal - Minimum Notice and Terms of Employment Act, 1973, schedule 1, para. 7 - Unfair Dismissals Act, 1977, ss.2, 7, 10, 20 - (1986/15 JR - Barron J. - 6/5/87) [1987] IR 426

|Nova Colour Graphic Supplies v. Employment Appeals Tribunal|

JUDICIAL REVIEW

Certiorari

Tribunal - Decision - Appeal - Question of fact - Inappropriate remedy sought by applicants - Former employee of applicant company claimed compensation, pursuant to s.7 of the Act of 1977, for his unfair dismissal by the applicants - The amount of the compensation payable depended upon whether or not the business of an earlier employer of the employee had been transferred to the applicants - The Employment Appeals Tribunal decided that there had been such transfer, and awarded the employee compensation on that basis - The applicants appealed to the Circuit Court, pursuant to s.10(4), against that decision - The applicants, having obtained leave, here sought in the High Court an order of certiorari quashing the decision of the tribunal - Held that the tribunal, in the course of exercising its jurisdiction, had decided a question of fact - Held that the court would not exercise its discretion to grant the relief sought as the legislature had made provision for an appeal to the Circuit Court in such circumstances, and the applicants had lodged such appeal - Minimum Notice and Terms of Employment Act, 1973, schedule 1, para. 7 - Unfair Dismissals Act, 1977, ss.2, 7, 10, 20 - (1986/15 JR - Barron J. - 6/5/87) - [1987] IR 426

|Nova Colour Graphic Supplies v. Employment Appeals Tribunal|

Citations:

MINIMUM NOTICE & TERMS OF EMPLOYMENT ACT 1973 SCH 1 r7

UNFAIR DISMISSAL ACT 1977 S20

KENMIR LTD V FRIZZELL 1968 1 AER 414

WOODHOUSE V PETER BROTHERHOOD LTD 1972 1 AER 1047

1 Judgment of Mr. Justice Barron delivered the 6th day of may 1987

2 The second named Respondent commenced employment with the Applicant ("Nova Colour") on the 2nd of January, 1985, and was dismissed on the 13th of December 1985. He sought relief pursuant to the provisions of the Unfair Dismissals Act 1977. Prior to his employment with Nova Colour, he had been employed by Offset Graphics Dublin Limited ("Offset"). That company had been unable to continue in business and his change of employment...