Labour Court sets aside decision on employer identity in Orlowski and Sierzanski case

The Labour Court set aside the Equality Tribunal’s preliminary decision that John Murphy was not the employer of Marek Orlowski and Jan Sierzanski. It sent the matter back to the Tribunal to investigate their substantive claims. The Court signed its determination on 14 February 2012. The two men appealed after the Tribunal found they had been employed by Bailey Glazing Limited. The Labour Court accepted a company registration report showing the company had been dissolved before the Tribunal considered the case. It found Murphy had personally employed them when their dismissal claims arose. Murphy had sought an adjournment, saying he was working outside Ireland, but did not attend the hearing. The substantive claims remain to be investigated.