EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
David Bohanna - claimant
MN355/2015
UD710/2015
WT116/2015
UD716/2015
MN357/2015
against WT117/2015
PCHL T/A Process Control (Holdings) Limited (In Liquidation)
- respondent No 1
PCHL T/A Process Control (Holdings) Limited (In Liquidation)
– respondent No 1
Whitelite Automation Limited (In Liquidation)
– respondent No 2
Whitelite Automation Limited (In Liquidation)
– respondent No 2
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Horan
Ms S. Kelly
heard this claim at Carlow on 1st December 2015
Representation:
Claimant(s) : In person
Respondent(s) : Ms Esther Tallon, Malachy Stephens & Co,Presentation House, Harbour
Street, Mullingar, Co Westmeath representing respondent No 1
No appearance by or on behalf of respondent No 2
Determination
The claimant withdrew his claims under the Organisation of Working Time Act 1997, and the Minimum Notice and Terms of Employment Acts 1973 to 2005 at the commencement of the hearing.
The Tribunal finds that the correct employer for the purpose of these proceedings is respondent No 2. Accordingly the claim under the Unfair Dismissals Acts 1977 to 2007 against respondent No 1 is dismissed.
All of respondent’s No 2 employees were made redundant in the context of a liquidation. A liquidator was appointed on 13 January 2015. The claimant’s employment and the employment contract were validly terminated in January 2015. Accordingly the claim under the Unfair Dismissals Acts 1977 to 2007 against respondent No 2 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)