The applicant union sought a related employer declaration under section 1(4) of the Labour Relations Act, 1995, arguing that a newly formed non-union plumbing business was under common control and direction with a defunct unionized plumbing business.
The responding parties argued that the personal bankruptcy of the key person severed the common control and direction.
The Board held that the personal bankruptcy did not change the individual's status as a key person or the controlling mind of the businesses.
The Board found the businesses were associated or related and under common control and direction, and exercised its discretion to issue a single employer declaration.
