EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Gerard O'Brien MN626/04
claimant UD791/04
WT204/04
Against
Marion Foam Limited
- respondent
Novostrat Limited
- respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Ms M. Sweeney
Mr D. McEvoy
heard this claim at Limerick on 16th September 2016
Representation:
Claiman: Holmes O'Malley Sexton, Solicitors, Bishopsgate, Henry
Street, Limerick
Respondent: In person
The determination of the Tribunal was as follows:-
Determination:
The Tribunal is of the view that this case cannot proceed because of the inordinate and inexcusable delay from the date of initiation of the claim and its subsequent adjournment on 21st June 2005 to facilitate a Personal Injuries Case (which resulted in an all in settlement).
The Tribunal is guided by the precedent of the High Court Judicial Review Case No.
2012 222 JR between Dawn Dairies Limited and Seamus Molloy in arriving at its conclusion.
Accordingly, the Tribunal declines jurisdiction to hear this case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)