Paul Bernard Joseph v Killarney Engineering (Andrew Mentis) and Others

The applicant was dismissed by the first respondent for poor work performance while on probation. The dismissal was challenged at arbitration before the MEIBC, where the third respondent commissioner found the dismissal to be procedurally and substantively fair. The applicant launched a review application in the Labour Court. While the review was pending, the first respondent company was placed into liquidation on 1 July 2019. No notice of the continuation of proceedings was given to the liquidator, the liquidator was not joined, and no condonation application was brought under section 359 of the Companies Act.

The review application was dismissed for lack of jurisdiction. No order as to costs was made.

The case clarifies the effect of company liquidation on pending Labour Court proceedings and confirms that section 359 of the Companies Act applies to labour review applications. It highlights the procedural obligations on litigants to notify liquidators and the jurisdictional limits of the Labour Court where company law provisions intervene.