EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Barry Cronin UD566/2008
MN512/2008
against
Hally’s Bar Limited
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: Mr. E. Murray
Members: Mr. P. Casey
Mr. H. Kelleher
heard this claim at Cork on 12 September 2014
Representation:
Claimant(s):
Mr. David Gaffney, Sweeney, Solicitors,
Marlboro House, Marlboro Street, Cork
Respondent(s):
No attendance or representation
The determination of the Tribunal was as follows:-
Claims under unfair dismissal and minimum notice legislation were brought to the Tribunal by the claimant. However, the claimant’s original solicitor did not attend a hearing scheduled by the Tribunal in respect of the matter. A further hearing was scheduled in February 2010. The Tribunal sent the claimant a hearing notice by both registered and ordinary post but the Tribunal was told that no hearing notice had been
received by him. The claimant’s solicitor had also ceased practise. There was no
appearance by either party at the February hearing and the claim was struck out.
The claimant, having engaged a new solicitor re-entered the matter and attended a
hearing on the 12th of September 2014.
Determination
The Tribunal noted the fact that the claimant had not attended the February 2010
hearing and that a division of the Tribunal struck out the application. This division of
the Tribunal is unable to revisit or vary the decision made by the Tribunal in February
2010. It is also noted that no formal determination has issued to the parties. This
determination can be treated as formal notification of the original decision of the
Tribunal.
The claim under the Unfair Dismissals Acts, 1977 to 2007, and under the Minimum
Notice and Terms of Employment Acts, 1973 to 2005, fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)