TA Hotels Ltd Lynams Hotel v Vireshwarsingh Khoosye

• Jurisdiction: Ireland
• Judgment Date: 24 July 2018
• Judgment citation (vLex): [2018] 7 JIEC 2404
• Date: 24 July 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO. RPD189 ADJ-00006898 CA-00009335-006
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

RPA/17/30

DETERMINATION NO. RPD189

ADJ-00006898 CA-00009335-006

PARTIES:

TA Hotels Ltd Lynams Hotel

and

Vireshwarsingh Khoosye

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Ms Doyle

Worker Member: Mr McCarthy

REDUNDANCY PAYMENTS ACTS, 1967 TO 2014

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision ADJ-00006898.

BACKGROUND:

2 2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court in accordance with the terms of the Redundancy Payments Acts 1967 to 2014. A Labour Court hearing took place on 13th July, 2018. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by TA Hotels LTD Lynams Hotel against decision ADJ-00006898 of an Adjudication Officer in a complaint by Vireshwarsingh Khoosye against his former employer TA Hotels Ltd Lynams Hotels. The complaint relates to alleged contraventions of the Redundancy Payments Act 1967 (the Act). The Adjudication Officer found the complaints to be well founded and directed that the Respondent pay the Complainant his statutory redundancy entitlements.

4 In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Vireshwarsingh Khoosye is referred to as the Complainant and TA Hotels LTD Lynams Hotel is referred to as the Respondent.

5 At the hearing of the Labour Court scheduled to take place on Friday 13 ^th July 2018 the Respondents legal representative sought to make an application that the Labour Court would substitute Ms Theresa Andreucetti Company Director for the Company name as the Company had been struck off the register. The Representative for the Complainant handed into the Court a notice of intention to strike off by the Companies Registration Office dated 28 ^th February 2018 and a further notice of strike off dated 11 ^th April 2018. It was the Complainant's position as set out by his Representative that once a company is stuck off it ceases to have any legal existence and therefore it could not prosecute an appeal. The Complainant also advised the Court that the fast track process for restoring a Company was no longer available. The Court took a short adjournment to consider the application.

6 The Court having considered the application advised the parties that it had come to the decision that the Court did not in these circumstances have jurisdiction to substitute the name of the Director for the...