G
GALAXY
Guest
First of all sorry if I'm posting in the wrong section ,please move if needed thanks.
Background :
I had a claim for unfair dismissals made against me from a previous employee to a rights commissioner .
The first I knew about this claim was when I received a letter from SIPTU posted to my partners (fiancée not business partner) business address.
Her business and my old business had the same name but were separate legal entities .We were both sole traders. We are not married.
The letter from SIPTU informed me of the rights commissioner decision and that they were acting on the former employees behalf.
When I rang the rights commissioners office and asked why I hadn't been notified of the claim they said they had sent a letter by registered post .
I said to where ? they said to your business premises . I asked when it was sent and who signed for it they gave me the date . I had vacated the premises at that date so I wasn't there or trading , they said it was signed GONE AWAY and returned by the new tenant .
I immediately contacted my solicitor who said it would cost circa 3k to appeal the rights commissioners decision and that there was only 2 weeks to appeal left.
As I have lost my business and don't get any dole, benefit of any kind and am facing possible bankruptsy (hopefully not ) I didn't appeal.
Forward another few months and now I'm being brought to the Employment appeals tribunal for enforcement of the rights commissioners decision.
I have replied that I will attend and represent myself in this matter as I'm basically broke,and that I find the whole process pretty biased as I was never afforded the right to defend this claim originally and which I had a very good defense to I thought.
Does anybody have an idea how my lack of notice and lack of due process from the rights commissioner might be considered by the tribunal ?
Also if the tribunal upholds the rights commissioners decision and goes for enforcement in the circuit court what happens next ? judgment + costs ?
installment order ?
How much costs would be added if I lost appeal to judge ?
would the judge take into account the lack of notice ?
In the Unfair dismissals act I see that documents are considered served if they are posted or left at the persons place of business. but it says:
Service of documents on bodies.
11.—Any summons or other document required to be served for the purpose or in the course of any proceedings under this Act on a body corporate or an unincorporated body of persons may be served by leaving it at or sending it by post to the registered office for the purpose of the Companies Act, 1963 , of that body or, if there is no such office, by leaving it at or sending it by post to any place in the State at which that body conducts its business
This is present tense and does not say where the person previously conducted business
Any thoughts welcome , thanks for taking the time to read this post .
Background :
I had a claim for unfair dismissals made against me from a previous employee to a rights commissioner .
The first I knew about this claim was when I received a letter from SIPTU posted to my partners (fiancée not business partner) business address.
Her business and my old business had the same name but were separate legal entities .We were both sole traders. We are not married.
The letter from SIPTU informed me of the rights commissioner decision and that they were acting on the former employees behalf.
When I rang the rights commissioners office and asked why I hadn't been notified of the claim they said they had sent a letter by registered post .
I said to where ? they said to your business premises . I asked when it was sent and who signed for it they gave me the date . I had vacated the premises at that date so I wasn't there or trading , they said it was signed GONE AWAY and returned by the new tenant .
I immediately contacted my solicitor who said it would cost circa 3k to appeal the rights commissioners decision and that there was only 2 weeks to appeal left.
As I have lost my business and don't get any dole, benefit of any kind and am facing possible bankruptsy (hopefully not ) I didn't appeal.
Forward another few months and now I'm being brought to the Employment appeals tribunal for enforcement of the rights commissioners decision.
I have replied that I will attend and represent myself in this matter as I'm basically broke,and that I find the whole process pretty biased as I was never afforded the right to defend this claim originally and which I had a very good defense to I thought.
Does anybody have an idea how my lack of notice and lack of due process from the rights commissioner might be considered by the tribunal ?
Also if the tribunal upholds the rights commissioners decision and goes for enforcement in the circuit court what happens next ? judgment + costs ?
installment order ?
How much costs would be added if I lost appeal to judge ?
would the judge take into account the lack of notice ?
In the Unfair dismissals act I see that documents are considered served if they are posted or left at the persons place of business. but it says:
Service of documents on bodies.
11.—Any summons or other document required to be served for the purpose or in the course of any proceedings under this Act on a body corporate or an unincorporated body of persons may be served by leaving it at or sending it by post to the registered office for the purpose of the Companies Act, 1963 , of that body or, if there is no such office, by leaving it at or sending it by post to any place in the State at which that body conducts its business
This is present tense and does not say where the person previously conducted business
Any thoughts welcome , thanks for taking the time to read this post .