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2011

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EDA117

FULL RECOMMENDATION

ADE/10/52
DETERMINATIONNO.EDA117
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2008



PARTIES :
WORLD OF CONCRETE LIMITED
(REPRESENTED BY WORLD OF CONCRETE LIMITED)

- AND -

ROBERTAS RIMKUS
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS)


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2008.


BACKGROUND:

2. The Worker appealed a Decision of an Equality Officer No. DEC-E2010-087 on the 1st July, 2010, in accordance with Section 83 of the Employment Equality Act 1998 to 2008. A Labour Court hearing took place on the 11th March, 2011. No Representive of the Company which is disolved, attended the hearing. The following is the Determination of the Court:-

DETERMINATION:

This matter came before the Court by way of an appeal by Mr. Robertas Rimkus against the Decision of the Equality Tribunal in his complaint of discrimination against World of Concrete Limited.

The Court was informed that the Respondent Company has been dissolved. Consequently the Respondent in this case has ceased to have any legal existence and its assets (if any) have been vested in the Minister for Finance by virtue of Section 28 of the State Property Act 1954.

In the absence of any statutory provision giving a dissolved Company a legal status for the purpose of proceedings under the Act the Court has no jurisdiction to hear this appeal.

The Court determines accordingly.



Signed on behalf of the Labour Court



Caroline Jenkinson
30th March 2011______________________
JFDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.




 
 
 
 
 
 
 
 
 

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