EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1149/2014
MN569/2014
CLAIM(S) OF:
Nicolae Trufas – claimant
Against
O'Leary International - 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: Mr. D. Mac Carthy S C
Members: Mr P. Pierce
Mr M. O'Reilly
heard this claim at Dublin on 12th October 2015
Representation:
Claimant(s) :
Mr. Richard Grogan, Richard Grogan & Associates, Solicitors, 16-17 College Green, Dublin 2
Respondent(s) :
Ms Marie Murphy, O'Leary International, Marshmeadows, New Ross, Co. Wexford
Determination
The Tribunal is satisfied that all parties were on notice of the hearing. The Tribunal received an email from the claimant’s representative at 10am on the morning of the 12 October 2012 advising that both he and the claimant would not be attending.
The claims under the Unfair Dismissals Acts, 1977 to 2007 and Minimum Notice and Terms of Employment Acts, 1973 to 2005 are dismissed for want of prosecution.
The respondent made an application for costs in this case. Rule 19 (2) of S.I. No. 24/1968 – Redundancy Appeals Tribunal) Regulations, 1968 which governs the powers and procedures of the Tribunal from its inception provides
“Where in the opinion of the Tribunal a party to the proceedings (and, if he is a respondent, whether or not he has entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to another party a specified amount in respect of travelling expenses and any other costs or expenses reasonably incurred by that other party in connection with the hearing”.
The claimant had brought a parallel case against another company in respect of the same period of service and same dismissal. That claim was settled without hearing however this claim was continued and not withdrawn even after the notices of hearing had issued. As a result the Tribunal had booked an interpreter service (as requested by the claimant in his complaint form) and the respondent and representative travelled from New Ross to Dublin for the hearing.
The Tribunal is of the view that the claimant acted in a frivolous or vexatious manner and makes an order that he pay to the respondent the sum of €200.00 under rule 19 (2) of S.I. No. 24/1968.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)