New Unfair Dismissal Question

brianwarren

HI, I have a question not regarding Unfair Dismissal, but more regarding the process.

I was unfairly selected for redundancy in 2008. I brought my ex-employer to the EAT in 2009, which they lost.
I was informed they decided to Appeal to the Circuit Court, which happened in 2010. They lost again. So far so good.

The company did not appeal the Circuit Court decision, so I waited patiently for the process to finish.

After a lot of legal messing the Company Directors were required to attend the Master of the High Court in 2012. Before we attended, during a scan of the Companies CRO papers, I noticed that the company had transferred all Assets and Liabilities to their parent company.

We attended the Masters, ( which is a waste of time ) and were informed that the company was now going into voluntary liquidation.
During questioning the Directors made us aware for the first time that the Company had been insolvent since 2009, and that before the Appeal was made to the Circuit Court the Parent Company Directors ( Same Directors ), and the investors met to decide to fund the Appeal.

Questions;
a) Can an insolvent company Appeal to the Circuit Court, hence generating more debt it cannot pay?
b) If a second body finances the Appeal, and pays for the legal costs, are they legally liable for the Courts decision?
c) If a company cannot pay an EAT award, is a company required to inform the other party before an appeal can be considered?

I look forward to any helpful info.

Heads Up, Since 2012 I have been in contact with the EAT, the Circuit Court, Citizens Advice, NERA, Dept of Employment, Dept of Justice, my solicitor, most of the Irish Unions, and the ODCE, but no one can shed any light on the subject.

Cheers

coylemj

You have a solicitor, why are you asking these questions off a bunch of potentially insomniac amateur lawyers on boards.ie?

Just asking.

gozunda

See section 13 ref orders freezing assets etc

http://www.mhc.ie/fs/doc/publications/PLC_Dispute_Resolution_Handbook_Arbitration_Handbook_2010_11_.pdf

May be of some use ...

Also take a look into the details of their insurers at the time of the Unfair Dismissal

brianwarren

HI CoyleMJ, my problem is that a Solicitor can give their opinion, but not always the correct answer.
My reason to come to the Boards is to look for someone who may have been through this process before. As the Government bodies like the ETA, Circuit Court, have not been helpful maybe there is someone outside the legal system who might help.

Regards, Brian

brianwarren

HI Gozunda, assets have been looked at, but the company transferred their assets and liabilities to their parent company before the Circuit Court hearing. I may have to bring a criminal action regarding this, but I am waiting on the ODCE to come back regarding Company Law rules, and what responsibilities the directors have.

regards, Brian