Courts / Kildare / Report

Woman deemed unfairly dismissed seeks to have State make payment

Summary

Ms Indira Attride, a former administrative employee of Canopus BioPharma Ltd, a partnership in Straffan, Co Kildare, claims she was unfairly dismissed and was awarded €28,513 by a rights commissioner. The partnership ceased trading and one partner went bankrupt, leaving no assets. The Department of Social Protection refused to pay her from the Social Insurance Fund, stating that only one partner's bankruptcy sufficed for a claim. Ms Attride, represented by John Kennedy SC, argues that the State's refusal breaches EU Directives on workers' entitlements and that Irish law fails to cover employees of partnerships. She seeks orders for the Minister to pay her the awards from the fund, to align Irish law with EU law, and declarations that the State is in breach of EU Directives. Mr Justice Sanfey granted permission ex‑parte and adjourned the case to a later date.

Who, what, where, when and why

What: Report matter: Woman deemed unfairly dismissed seeks to have State make payment. Procedural stage: hearing_or_decision

When:

• November 2012 Other
• March 2014 Other
• 2020-03-27 Publication

Why: She was told she was not entitled to payment from the fund because only one of the two partners in the business went bankrupt. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report