EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD275/2013
CLAIM OF:
Brian Karra
- claimant
Against
Applus Car Testing Service Limited T/A National Car Testing Services
- respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B.L
Members: Mr J. Horan
Mr. P. Woods
heard this claim at Dublin on 14th January 2014, 28th & 29th April 2015
Representation:
Claimant: Mr Cillin O’Connell of John Gaynor & Co. Solicitors, 42/46 Thomas Street (entrance JCT. Thomas St and Meath St), Dublin 8
Respondent: Mr Paul Twomey B.L. instructed by Ms Janet Keane, Kate McMahon & Associates, Solicitors, 223 The Capel Building,
Marys Abbey, Dublin 7
The determination of the Tribunal was as follows:-
This case was heard with an appeal by the claimant of a Rights Commissioners recommendation under the Payment of Wages Act 1991 reference R-72825-PW-08/MMG and Terms of Employment (Information) Act 1994 reference R-072824-TE-08/MMG and as a first instance claim under the Unfair dismissals Acts 1977 to 2007.
At the commencement of the hearing the claimant’s representative withdrew the appeal under the Payment of Wages Act 1991 as they had failed to comply with Section 7(2) (b of the Act. The claimant’s representative also withdrew the appeal under the Terms of Employment (Information) Act 1994.
The Tribunal proceeded with the Hearing and over 3 days heard the respondent’s evidence. The case was scheduled for further day’s Hearing on 12th June 2015 but at that late stage the claimant withdrew his claim.
The respondent’s legal representative has now asked the Tribunal to make an Order for expenses against the claimant under Regulation 19 (2) of the Redundancy (Redundancy Appeals Tribunal) Regulations 1968 on the basis that the claim is frivolous or vexatious.
The Tribunal has carefully considered the respondent’s submission and has also carefully considered the counter submission on behalf of the claimant.
The Tribunal has no jurisdiction to award costs. However the Tribunal is satisfied that the claim before it is vexatious. In assessing the amount of expenses the Tribunal determined that the sum of €127 per witness would be appropriate. The respondent called 8 witnesses and therefore the Tribunal makes an Order under Section 19 (2) of the Redundancy (Redundancy Appeals Tribunal) Regulations that the claimant, pay to the respondent the sum of €1016.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)