EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW233/2015
APPEAL(S) OF:
Paul Fitton
against the recommendation of the Rights Commissioner in the case of:
Gilead Sciences Ireland UC
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Lucey
Members: Mr. D. Hegarty
Ms. H. Kelleher
heard this appeal in Cork on 26 July 2016
Representation:
_______________
Appellant(s):
No attendance or representation
Respondent(s)
There was no attendance by or for Mr. Cian Beecher, Arthur Cox, Earlsfort Centre, Earlsfort Terrace, Dublin 2
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decision r-150617-pw-14JOC in which the Rights Commissioner found the claim (in respect of wages during sick leave) well founded but decided that he was “making no award in these circumstances”.
The employee appealed seeking a “return of deduction… where two doctors disagree” and the respondent’s solicitors stated in a notice of appearance that the Tribunal “does not have jurisdiction to hear this appeal” (e.g. on grounds related to appeal time limits) and stated that the appellant was “not entitled to the relief claimed or any relief” and that “the appeal should be dismissed”.
On the scheduled day of appeal there was no attendance by or on behalf of either side although hearing notices had been sent to both sides at addresses that had been given to the Tribunal. The Tribunal file did not contain any communication that the matter had been resolved or withdrawn. The Tribunal waited beyond the appointed time but there was no attendance in respect of either side.
Determination:
The employee appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decision r-150617-pw-14JOC falls for want of prosecution.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)