EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Veronica Hoban (Deceased) UD151/2001
MN271/2001
Against
Roches Stores Dublin
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr D. MacCarthy S C
Members: Ms J. Winters
Mr F. Barry
heard this claim at Dublin on 31st July 2014
Representation:
Claimant:
Mr. Eamonn Denieffe, Sean Gallagher & Co. Solicitors, Merchants Court, 24 Merchants Quay, Dublin 8
Respondent:
Leachlain Deegan, IBEC, 84-86 Lower Baggot Street, Dublin 2
Background:
This claim was lodged with the Tribunal on 22nd February 2001 and was adjourned and postponed on a number of occasions for various reasons.
In May 2012 the claimant passed away and despite his best efforts the claimant’s legal representative (Mr. Eamonn Denieffe) in the matter of her claim against the respondent could not establish whether there is a personal representative for the claimant. In the circumstances Mr. Denieffe could have no instructions in relation to the claim before the Tribunal.
The respondent’s representative applied to have the case dismissed as the matter could not be prosecuted by the claimant or a personal representative.
Determination;
Having considered the respondent’s application and given the circumstances and the efforts of the claimant’s former representative to establish whether there was a personal representative appointed for the claimant the Tribunal has no alternative but to dismiss these claims.
Accordingly the claims under the Unfair Dismissals Acts, 1977 to 2007 and the Minimum Notice and Terms of Employment Act, 1973 to 2005 are dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)