EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF:
| CASE NO. |
Employee – Claimant
| UD777/2012
|
against
|
|
Employer -Respondent
|
|
under |
|
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr D. Hegarty
Ms H. Henry
heard this claim at Limerick on 20 January 2014
Representation:
Claimant:
Mr Thomas Wallace-O’Donnell BL instructed by Mr Mark Murphy,
Mark Murphy & Co. Solicitors, 116 O’Connell Street, Limerick
Respondent:
Mr Owen Donnelly, instructed by Mr Tom Dowling,
Hogan Dowling McNamara Solicitors,
Castletroy House, Dublin Road, Limerick
The determination of the Tribunal was as follows:
Determination:
At the outset of the hearing the claimant’s representative sought an adjournment on the basis that the claimant was not currently in the jurisdiction, despite having been so over the preceding weekend, and was working overseas. The claimant had changed her address and not informed either her representative or the Tribunal of this fact. The claimant had become aware of the hearing in the last week when her representative made contact with her via social media.
The application on the part of the claimant was opposed by the respondent on the grounds that they had brought all their witnesses to the hearing, despite the within application being foreshadowed in a letter received by the Tribunal on 17 January 2014. There was no reason why the application for an adjournment could not have been made in Dublin the previous week when it became apparent that the claimant was not going to be available for the hearing of her claim.
The Tribunal is satisfied that the fault for the claimant not receiving the notice of the hearing rests with the claimant. Notwithstanding this it is clear that the claimant was made aware of the hearing and that being the case the Tribunal refuses the request for an adjournment. Accordingly, the claim under theUnfair Dismissals Acts, 1977 to 2007 fails for want of prosecution.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)