EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Richard Gregory, UD1178/2013
against
Paul O'Neill T/A The Glyde Inn,
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. C. Corcoran BL
Members: Mr. F. Cunneen
Mr. J. Flannery
heard this case in Dublin on 17 November 2014
Representation:
_______________
Claimant(s):
Mr. Colin Jennings BL instructed by
Ms. Lorna Cranny for Ms. Georgina Robinson, Keans, Solicitors,
2 Upper Pembroke Street, Dublin 2
Respondent(s):
Mr. Niall O'Neill BL instructed by
Mr. Paul Eaton, Richard H. McDonnell, Solicitors,
Castle Street, Ardee, Co Louth
The determination of the Tribunal was as follows:-
The claimant claimed unfair dismissal in respect of an employment from July 2012 to March 2013. The respondent’s solicitors wrote to the claimant’s solicitors stating that the claimant did not have the requisite service to bring the claim and that it would be vexatious and a cynical abuse of the process if the respondent were put to the expense of defending a spurious claim unnecessarily. The letter went on to put the claimant’s solicitors on notice that the respondent would apply for costs. There was no response to this letter.
At the hearing the unfair dismissal claim was withdrawn and the respondent duly made an application for witness expenses on the grounds that the claimant’s conduct in obliging the respondent to incur the costs of defending the claim was vexatious and frivolous. An award of €500.00 was sought
Determination:
The Tribunal notes that the claim under the Unfair Dismissals Acts, 1977 to 2007, was withdrawn on the day of hearing by the claimant.
Regarding the application for witness expenses under the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968, as amended by the Redundancy (Employment Appeals Tribunal) Regulations, 1979, the Tribunal orders that the sum of €110.00 (one hundred and ten euro) be paid under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)