UD1620/2014

EMPLOYMENT APPEALS TRIBUNAL

 CASE NO.UD1620/2014

CLAIM(S) OF:                                                                                                      

Mark Christensen

(claimant)                      

Against

Ryanair Limited T/A Ryanair

(respondent)

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. O'Leary B L

Members:     Mr D. Moore

                     Mr M. O'Reilly

heard this claim at Dublin on 6th January 2016, 8th March 2016, 9th March 2016 and 21^st March 2017

Representation:

_______________

Claimant(s) :                Mr. Michael Landers, Impact/Ialpa, Irish Airline Pilots Association, Corballis Park, Dublin Airport, Co. Dublin

Respondent(s) :           Mr. Ross Aleward B.L. instructed by Mr Killian O'Reilly, McDowell Purcell, Solicitors, The Building, Mary's Abbey, Capel Street, Dublin 7

                                    Mr. Martin Hayden S.C. (Day 2, 3 & 4 of hearing)  

The determination of the Tribunal was as follows:

After three days of hearing and several applications in respect of the continuation of this case, the representative of the claimant requested the Tribunal to adjourn the matter on 21 , 22, 23^rd March 2017 because of the unavailability of the claimant to attend on these days.

In the course of the application, documentation was submitted to the Tribunal and in particular a letter dated 28^th February 2017 from the representative of the claimant to the solicitor for the respondent in which it was stated that the claimant had been unsuccessful in his application to his employer for leave for the dates of the hearing.   This knowledge was communicated to the respondent in the letter mentioned above but no application was made to the Tribunal on or about that date or any date subsequent to 28^th February 2017. Instead the claimant’s representative without such notification came to the Tribunal on the 21^st March 2017 and requested an adjournment. The effect of this was that the respondent was put to considerable cost bringing their witnesses to the Tribunal on that date and also the costs of making these witnesses available for the two further dates of the hearing on 22 and 23^rd March 2017.

In an application made to the Tribunal in December 2016 that set the aforesaid hearing dates, it was indicated to the parties that there had to be some finality to hearings before the Tribunal. It is clear to the Tribunal in light of the above that it would be unfair for the Tribunal to grant the application of the claimant in this case. The Tribunal therefore have decided to refuse the application of the claimant and in view of the unavailability of the claimant to give evidence at the hearing, the Tribunal dismiss the claim of the claimant for want of prosecution.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)