Friday 19 December 2014

Bakery where workers staged sit-in over unpaid wages wound up

Published 30/06/2014 | 17:45

CREATIVE TRIUMPH: NAMA want to evict the Paris Bakery on Moore Street and in so doing kill off the simple creativity this country so badly needs. Photograph: Gerry Mooney

The High Court has wound up a company operating a bakery and restaurant in Dublin's Moore Street where workers staged a sit-in over unpaid wages.

Mr Justice Brian Cregan appointed Carl Dillon, of Moore Stephens Nathans, as official liquidator to Paris Bakery and Pastry Ltd, which had operated the outlet until its closure in May.

The Revenue Commissioners petitioned the court to wind up the company after it failed to satisfy a demand for €117,000 in unpaid taxes, including VAT, PRSI and PAYE.

Revenue served a demand on the company last April.

While a sum of more than €52,000 had been paid, the outstanding amount owed were not paid, Dermot Cahill BL for Revenue told the court. The company was clearly insolvent and unable to pay its debts, counsel said. 

The court heard the company's workforce of approximately 25 people, most of whom are foreign nationals, are owed some €158,000 in unpaid wages.

The workers, several of whom were present in court, staged a 20 day-long sit in after the business ceased trading.

As result of the court's decision, the workers will now be able to avail of the government-backed Insolvency Payments Schemes, which provide funds to workers in the event their employer becomes insolvent, as well as money awarded to them by the Labour Relations Commission.

Speaking on their behalf of the Migrants  Rights Centre Ireland, Grainne O'Toole told the court that they supported revenue's application to have the company wound up.

The court also ordered that the company's two directors, Yannick Forel, Swiftbrook Glen, Ballyjamesduff Road, Virginia, Co Cavan and Ruth Savill of Springfield House, Kilbride, Co Wicklow file statements of their financial affairs within 21 days.

Ms Savill told the court that she had resigned as both company secretary and as director of the company in November of last year.

Her resignation, she said, was confirmed by the Companies Registration Office.  She said there had been a delay by her fellow director in filing the paperwork.

In response, Mr Cahill said it was Revenue's position that Ms Savill must file a statement as she had been an officer of the company.

Mr Justice Cregan told Ms Savill she was "caught by statue" and along with her fellow director is required to file a statement of affairs The Judge made the matter returnable before the Examiner's Court in October.



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