UD1438/2012

EMPLOYMENT APPEALS TRIBUNAL

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms N. O’Carroll-Kelly BL

Members:     Mr N. Ormond

                     Mr J. Flannery

heard this claim at Tullamore on 20 March 2014

Representation:

Appellant:

                    Ms Marianne Deely, Brian P. Adams & Co. Solicitors,

                     Cormac Street, Tullamore, Co. Offaly  

Respondent

         Mr Anthony Byrne BL instructed by Mr John Maguire,

         Irish Concrete Federation, 8 Newlands Business Park,

       Naas Road, Clondalkin, Dublin 22

The determination of the Tribunal was as follows:

Determination:

 At the outset the claimant’s solicitor sought an adjournment of the case in order to preserve the claim lodged by the claimant under the Employment Equality Acts, 1998 to 2004 where the delegation of the claim to an Equality Officer, thus commencing the investigation of that claim, had not yet happened.

This application was opposed on behalf of the respondent on the grounds that they had brought expert witnesses to defend this claim and that as neither the claimant nor counsel were present the claimant was not in a position to proceed should the application be refused, moreover the respondent had not been advised in advance of the intention to make the application.

After due consideration, the Tribunal refused the application and gave the claimant’s representative the opportunity to make contact with the claimant in order to take instructions. After this the claim was then withdrawn simpliciter.

The Tribunal then considered an application on behalf of the respondent under the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968, SI 24 of 1968 for the expenses of the expert witnesses who had attended the hearing due to the frivolous and vexatious manner in which the adjournment application had been approached. The Tribunal determined that the award of expenses for the two expert witnesses in the amount of €550-00 was just and equitable in all the circumstances.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)