EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Brian O'Leary UD899/2013
against
Sierra Communications Limited
t/a Sierra Support Services Group
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms S. McNally
Members: Mr D. Hegarty
Mr D. McEvoy
heard this claim at Cork on 16th September 2014 and 14th April 2015
Representation:
Claimant : No representation listed
Respondent : Ms Mary Foy B L instructed by
Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2
The determination of the Tribunal was as follows:
The Tribunal is satisfied that the claimant was properly notified of the resumed hearing. Neither the claimant nor a representative on his behalf appeared for this hearing. The previous day the secretariat of the Tribunal received correspondence from the claimant’s former representative that it would not be attending the hearing due to the lack of instructions from him.
Having waited for a reasonable time for an appearance from the claimant the Tribunal proceeded with the hearing. In dismissing the claim under the Unfair Dismissal Acts, 1977 to 2007 for want of prosecution the Tribunal, in invoking section 19 (2) of statutory instrument number 24/1968, makes an order of costs amounting to €91.20 against the claimant payable to the respondent as it finds that the claimant acted frivolously in this case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)