Courts / Dublin / Report

Important case for workers comes before High Court

Date
2014-07-09

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

In a High Court case, beautician Magdalena Glegola sues the State over unpaid wages. She was dismissed in November 2011 when Metro Spa Ltd was wound up. After a Rights Commissioner awarded her €16,000, she applied to the Minister for Social Protection for payment from the Social Insurance Fund but received none because the State requires a liquidator or receiver before a company is deemed insolvent. Glegola argues that EU Directive 2008/94 and the Protection of Employees Acts entitle her to receive part or all of the award from the fund. She seeks a declaration that the State breached the directive by imposing the liquidator requirement, that it failed to transpose the directive correctly, and damages. The case is considered significant for employees of companies that cease trading. The High Court has granted leave to proceed and set a return date for October.

Who, what, where, when and why

What: Report matter: Important case for workers comes before High Court. Procedural stage: hearing_or_decision

When:

November 2011 Other
2014-07-09 Publication

Why: Beautician Magdalena Glegola is suing the State because she says it has failed to correctly transcribe an EU Directive into Irish Law that would allow her to re recoup an award of €16,000 for unpaid wages from the Social Insurance Fund. CNI source report