EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Beate-Doris Schmid -claimant UD171/2014
Against
IBM Ireland T/A Product Distribution Limited
-respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr D. Moore
Mr J. Flannery
heard this claim at Dublin on 26th February 2015
Representation:
_______________
Claimant: No appearance or representation on behalf of the claimant
Respondent: Ms Mairead McKenna B.L. instructed by,
A&L Goodbody Solicitors, International Financial Services,
Center, North Wall Quay, Dublin 1
Determination
The Tribunal is satisfied that every effort was made to put the claimant on notice of this hearing. As there was no appearance by the above named claimant on the date allocated for hearing, the claim under the Unfair Dismissals Acts, 1977 to 2007 is dismissed.
Further the respondent made an application under S.I. 24 of 1968, paragraph 19(2) thereof, which provides that:
“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 respondent incurred considerable expense in preparing for this case. The Tribunal makes an order that the claimant pays the respondent the sum of €200.00 for costs incurred and loss of earnings in respect of a respondent witness.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)