EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UD1267/2012
MN762/2012
Employee - claimant
against
Employer - respondent
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B.L.
Members: Mr W. O’Carroll
Mr T. Gill
heard this claim at Roscommon on 6th December 2013
Representation:
Claimant: Gerard G. Gallagher, Gallagher & Co., Solicitors, 5, Custume Place, Athlone,
Co. Westmeath
Respondent : John Barry, Management Support Services (Irl) Limited, The Courtyard,
Hill Street, Dublin 1
The determination of the Tribunal was as follows:-
Background:
The claimant commenced employment on the 4th July 2008 and was dismissed on the 3rd July 2012. He lodged a claim under the Unfair Dismissals Acts, 1977 to 2007 and the Minimum Notice and Terms of Employment Acts, 1973 to 2005 on the 14th August 2012.
The claimant and his representative were notified of the hearing scheduled in the Abbey Hotel, Roscommon on the 8th November 2013. On the 15th November 2013 the claimant’s representative notified the Employment Appeals Tribunal that the claimant was residing in Brazil but would attend the hearing in December. The claimant did not attend the hearing and his representative applied for a postponement which was refused. The respondent’s representative requested the claim be struck out.
Determination:
As the claimant did not attend the hearing to give sworn evidence in respect of his claims under the Unfair Dismissals Acts 1977 to 2007 and the Minimum Notice and Terms of Employment Acts 1973 to 2005, the claims fail for want of prosecution.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)