EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee - appellant TU15/2013
against the recommendation of the Rights Commissioner in the case of:
Employer -respondent
under
PROTECTION OF EMPLOYEES ON TRANSFER OF
UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr J. Browne
Mr F. Dorgan
heard this appeal at Clonmel on 17th October 2013
Representation:
Appellant: No appearance or representation on behalf of the appellant company
Respondent: Mr. John Madden B.L. instructed by Mr Eugene T. Tormey, O'Connor, Tormey & Company, Solicitors, Slievenamon Road, Thurles, Co Tipperary
Background:
This case was heard simultaneously with UD504/2012.
This appeal came before the Tribunal by way of an employer (the appellant) appealing the decision of a Rights Commissioner (reference: r-121068-tu-12/GC) under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.
Determination:
The Tribunal is satisfied that the company was notified of the hearing at its registered office but the registered post was not called for.
The Tribunal is satisfied that the appellant company (which is in liquidation) was notified of the hearing at its registered office but there was no attendance at the hearing. The Tribunal dismisses the appeal under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 for want of prosecution. Accordingly, the decision of the Rights Commissioner (reference: r-121068-tu-12/GC) is affirmed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)