UD221/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                               CASE NO.

Pawel Chrobocinski                                                                                                   UD221/2013

against

Noonan Services Group Limited

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:     Mr C. Lucey

                    Mr F. Keoghan

heard this claim at Dublin on 19th March 2014

Representation:

Claimant:

             Mr Sean Ormonde, Sean Ormonde & Co., Solicitors,

             Suite 9, The Atrium, Canada Street, Waterford

Respondent:

             Mr John Barry, Management Support Services,

             The Courtyard, Hill Street, Dublin 1

Background:

On 12^th March 2014 Counsel for the Claimant made an application for postponement of this hearing to a division of the Tribunal on the basis that there was a claim pending with the Personal Injury Assessment Board (PIAB) and that this claim would include seeking compensation in respect of loss of earnings. This PIAB claim is against the respondent. That application was refused.

There was no appearance by the claimant at the hearing on 19^th March 2014. Counsel for the claimant made another application on behalf of the claimant to have the hearing postponed. The basis for seeking a postponement was that there was a personal injuries claim in the process of being submitted to the Personal Injuries Assessment Board (PIAB) and that the outcome of the EAT hearing may prejudice the PIAB claim or vice versa. However no proofs or details of this claim could be submitted to the Tribunal as the file was with the claimant’s solicitor who failed to attend the hearing.

The respondent’s representative objected to the postponement. The respondent had attended the hearing prepared to answer the claim for unfair dismissal. The Tribunal was also informed that a claim for unfair dismissal had been lodged by the claimant with the Equality Tribunal.

During the course of the application to the Tribunal counsel for the claimant told the Tribunal that she had been informed only moments before the hearing was due to commence that the claimant was in hospital in Poland. Counsel could not offer any proof in relation to this and could not say for how long the solicitor had been aware of this fact.

Determination

The Tribunal are not satisfied that reasonable grounds have been set out justifying a postponement of this matter. Furthermore, the claim is one of constructive dismissal and in circumstances where the claimant has failed to appear and failed to produce any medical evidence explaining his absence, the Tribunal have no other option but to strike out the claim for want of prosecution.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)