EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE -claimant UD35/2012
against
EMPLOYER –respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. N. Russell
Mr. J. Horan
Mr. A. Butler
heard this claim at Carlow, 31st October 2013
Representation:
Claimant: Mr. Simon McElwee, Joseph P Farrell, Solicitors,
No. 1 Maryborough Street, Graiguecullen, Carlow
Respondent: Ms Mairead Crosby, Ibec, Confederation House,
84/86 Lower Baggot Street, Dublin 2
Determination:
The appellant withdrew his claim on the day of the hearing. Accordingly the claim under the Unfair Dismissals Acts, 1977 To 2007 is withdrawn.
The respondent representative had witness’s present that had travelled a distance to the hearing and some had been on annual leave.
The respondent representative applied for witness expenses under SI 24 1968:
“Costs and Expenses. |
(2) Where in the opinion of the Tribunal a party to the proceedings (and, if he is a respondent, whether or not he has entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to another party a specified amount in respect of travelling expenses and any other costs or expenses reasonably incurred by that other party in connection with the hearing. |
(3) Notwithstanding subparagraph (2), costs shall not be awarded in respect of the costs or expenses in respect of the attendance of counsel, solicitors, officials of a trade union or of an employers' association appearing before the Tribunal in a representative capacity. |
(4) Where the Tribunal has made an order under subparagraph (2), the amount referred to in the order shall be recoverable as a simple contract debt. |
The Tribunal have heard submissions from both representatives. It is the opinion of the Tribunal that the situation did not fall within the specified requirement. The Tribunal determines that no order be made to pay an award to the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)