Redundant worker did not work for us, says publisher
Published 03/07/2014 | 02:30
THE company that publishes the 'Sunday Business Post' has claimed it was not employing an accountant, who has taken an unfair dismissal case, when he was made redundant in 2012.
Publishers Post Publishing Ltd (PPL), said Kieran Moloney was employed and made redundant by a different arm of the Thomas Crosbie Group (TCG).
At a preliminary hearing yesterday to assess which entity made Mr Moloney redundant, the Employment Appeals Tribunal heard that he had worked for different companies within TCG since 2000.
He was employed by PPL in 2006 when he was offered the position of chief executive of the group's Northern Ireland operations, the 'Newry Democrat' and the 'Irish Post'.
For the claimant, Patrick O'Reilly said his client agreed and was given a Northern Ireland registered car for "safety reasons", but continued to be a resident in the Republic.
The tribunal heard Mr Moloney kept his old employee number, which he had held while working with PPL, which covered things like employer PRSI and PAYE payments.
Mr O'Reilly also said a letter from Revenue confirmed this was the number his client used while working in the North.
"There was no suggestion of going off PPL pay roll. I didn't specify to stay on the payroll or for PPL to stay as my employers," Mr Moloney said.
Counsel for PPL, Mr John Doyle said his client was not Mr Moloney's "fundamental employer". He said the complainant remained on the PPL payroll at his own request for "administrative ease".
Giving evidence, Barry Colgan who was the HR manager of the Thomas Crosbie Group at the time, said he believed Mr Moloney had requested to be kept on the existing payroll.
He said PPL paid Mr Moloney's salary as well as the PAYE and other taxes relating to his employment, which was then compensated by the other arms of the Thomas Group.
He added everything was done "legitimately and upfront".
In 2010, as the company disposed of its Northern Irish titles, Mr Moloney said he was made a group treasurer and relocated to the Sunday Business Post Offices in Dublin after taking a cut in wages to keep his job.
Mr Colgan said the company began a consultation process with Mr Moloney when the future of his position became unsustainable but they were unable to find a suitable new position.
The tribunal retired to determine the matter.
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