EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Flamroad Limited T/A Born Kitchen
– appellant TE28/2014
against the recommendation of the Rights Commissioner in the case of:
Deirdre D’Arcy
- respondent
Under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 3rd December 2014
Representation:
Appellant(s) : no appearance by or on behalf of the appellant
Respondent(s) : Ms Rebecca MacCana B.L. instructed by Mr John Martin
John F. Martin & Company Solicitors, 28 Woodquay, Galway
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the employer appealing the recommendation of a Rights Commissioner under the Terms of Employment (Information) Act, 1994 and 2001 Ref : R-136118-TE-13.
Determination
The Tribunal is satisfied that all parties were on notice of the hearing.
The Tribunal secretariat spoke to the appellant’s representatives on the 27 November 2014 by telephone. The representative confirmed receipt of the notice of this hearing and confirmed sending a copy of the notice to the appellant. The notice of this hearing was also issued by registered post to the premises at Newtownsmith, Galway and successfully delivered on the 30 October 2014. On the 2 December 2014 the Tribunal secretariat received an email from the appellant’s representative stating that the company was the subject of a high court order and a liquidator was appointed. The correspondence indicated that as a result of the situation they would not be attending this hearing.
The Tribunal noted that the appellant company had notified a change of its registered office address on the 16 April 2014 to the Companies Registration Office after they had filed the appeal of the Rights Commissioners recommendation with the Employment Appeals Tribunal but failed to notify the Tribunal. The new registered office address was added to the claim.
As there was no appearance by or on behalf of the appellant, the appeal fails for want of prosecution. The Rights Commissioner’s recommendation stands.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)