Sunday Business Post publishers to appeal tribunal decision

Employment Appeals Tribunal decided Kieran Moloney was Post Publications Ltd employee

Post Publications Limited, publishers of The Sunday Business Post, are seeking to appeal a decision by the Employment Appeals Tribunal that former treasurer Kieran Moloney was their employee.

The tribunal made its decision after having heard a preliminary issue on whether Mr Moloney was employed by Post Publications Limited, of Harcourt Street, Dublin, by Thomas Crosbie Holdings or Thomas Crosbie Printers [in liquidation] both of City Quarter, Lapp’s Quay, Cork.

A full appeal on the preliminary finding was to have gone ahead in the Circuit Civil Court but barrister Patrick O’Reilly SC challenged the jurisdiction of the court to hear the matter.

Mr O’Reilly, who appeared for Mr Maloney, of Betaghstown Woods, Bettystown, Co Meath, told Judge Jacqueline Linnane that, having made its decision, the tribunal should then have put Mr Maloney’s claim of unfair dismissal back for a full hearing of the tribunal.

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He said that while the Circuit Court could hear an appeal against a tribunal decision on a full hearing of a claim, there was legal authority ruling out a fragmented hearing.

Claim written down

Marcus Dowling, counsel for Post Publications Limited, said Thomas Crosbie Holdings had been acquired out of examinership and the examiner, with the agreement of the High Court, had written down to zero Mr Moloney’s claim. Mr Moloney, he said, could not recover from Thomas Crosbie Holdings even if he succeeded in his claim.

The court then allowed Thomas Crosbie Holdings out of the case.

Mr Dowling said Thomas Crosbie Printers was in liquidation and the official liquidator, Tom Kavanagh, was not going to pay any money to Mr Moloney in the liquidation. The liquidator had decided not to oppose Mr Moloney’s claim on the basis there was no money to meet it and legal fees would be an unnecessary additional cost to the liquidation.

He said the only way Mr Moloney could recover compensation was through the Social Insurance Fund under which compensation was topped at 18 months pay at a maximum €600 a week (approximately €46,800).

Mr Dowling, who appeared with Dillon Eustace Solicitors, said Mr Moloney was attempting to fix his employers as Thomas Crosbie Printers, in which case he would be asking the court to quash the determination of the tribunal that Post Publications Limited were his employers.

Judge Linnane said a date would be fixed for a further hearing and asked both parties to submit affidavits outlining the background to the dispute along with legal submissions on whether or not the court has jurisdiction to hear the appeal.

The tribunal last year heard that Mr Moloney had been group managing director in the Crosbie group and had always been paid by Post Publications Limited, which had been acquired by Thomas Crosbie Holdings in 2002. He had continued to be paid by Post Publications Limited as his position within the group changed.

The tribunal stated the Crosbie group had, for whatever reason, decided to route his payments and benefits through Post Publications and had represented in external dealings at all junctures that Post Publications Limited was Mr Moloney’s employer.