EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE
UD984/2012 RP764/2012
against
EMPLOYER
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Taaffe
Members: Mr F. Moloney
Mr P. Trehy
heard this claim at Dublin on 22nd October 2013
Representation:
_______________
Claimant: Mr. Fachtna Whittle, Haughton McCarroll, Solicitors, 2 Church Street, Wicklow,
Respondent: No appearance by or on behalf of respondent
Preliminary Point:
The Tribunal had carefully considered the submissions made. The claimant submitted an application for unfair dismissal and also issued separate application for unfair dismissal and redundancy in respect of the same period of employment against a different named respondent. The claim for redundancy was withdrawn at the hearing. Since both claims, which name different respondents are in similar terms it is proposed to deal with the claimants application as a single one. It is finally confirmed that there was no appearance on behalf of either of the named respondents.
It was submitted by the claimant that a preliminary issue required to be addressed by the Tribunal, the issue being the validity of an application by the claimant for leave of the Tribunal to issue a claim for unfair dismissal against alleged named respondents. Having considered the submissions made and alleged statutory authority advanced in support thereof, the Tribunal is not satisfied that the claimant has identified the correct respondent or established a right to the remedy sought.
The application is therefore refused.
Since the application is refused it is clear that the Tribunal does not have jurisdiction to hear the claim.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)