EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE, UD4/2012
against
EMPLOYER
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. Behan
Members: Mr. J. Hennessy
Ms. H. Kelleher
heard this case in Cork on 19 July 2013
Representation:
_______________
Claimant(s):
No attendance or representation
Respondent(s):
The determination of the Tribunal was as follows:-
On 6 January 2012 the Tribunal received a constructive dismissal claim in respect of the employment of a nursing home manager from 9 June 2008 to 1 April 2011. After the Tribunal secretariat wrote to acknowledge receipt of the claim the secretariat was asked to note a new address for the claimant.
After a copy of the claim was served on the respondent a response was received giving details of the respondent’s solicitors, disputing the claim and stating that evidence could be provided in response to all claims by the claimant.
On 21 June 2013 the Tribunal secretariat sent a hearing notice to the claimant at the new address provided giving him the necessary venue and time details for a hearing that would take place on 19 July 2013. At the time of sending that notice to the claimant’s new address the Tribunal had not received any indication that the claimant’s address had had a further change.
On 11 July 2013 the claimant e-mailed the Tribunal secretariat to say that he had phoned the secretariat that day and been told of the date for his hearing. The e-mail went on to say that the claimant had left the last address that the secretariat had for him but that a mail forwarding arrangement had not been successful. The e-mail stated that the claimant had not anticipated a hearing date as early as 19 July 2013, that he would not be able to attend the 19 July 2013 hearing and that there was not enough time for him to make the necessary arrangements including arranging to be represented. The e-mail concluded by telling the secretariat of a Glasgow address for the claimant but stated that the best way to contact him was by e-mail.
The abovementioned e-mail was promptly acknowledged by the Tribunal secretariat. The claimant was told that, if he wished to apply for a postponement, he (or a person acting on his behalf) must do so before a sitting division of the Tribunal.
On 19 July 2013 the Tribunal had not been informed of any postponement application made to a sitting division of the Tribunal. The Tribunal attended the hearing as did a solicitor for the respondent along with witnesses for the respondent. However, there was no attendance by the claimant (or by anyone acting on his behalf) to either prosecute his unfair dismissal claim or to make a postponement application.
Determination:
The Tribunal secretariat took cognisance of one change of address for the claimant and duly changed its records but, until 11 July 2013, was not told of any further change of the claimant’s address.
No postponement application having been granted by a sitting division of the Tribunal, the claim under the Unfair Dismissals Acts, 1977 to 2007, falls for want of prosecution. The Tribunal does not accede to an application by the respondent for costs made on the grounds that the claimant’s conduct had been vexatious.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)