FULL RECOMMENDATION
SECTION 15(5), EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT, 2006 PARTIES : IBM IRELAND PRODUCT DISTRIBUTION LTD (REPRESENTED BY A&L GOODBODY SOLICITORS) - AND - ALAN KERRIGAN DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Disclosure of Confidential Information.
BACKGROUND:
2. The Complainant referred the case to the Labour Court in accordance with Section 15(5)of the Employees (Provision of Information and Consultation) Act 2006. A Labour Court hearing took place on 9th June, 2017. The Claimant was not present and was not represented at the hearing. The following is the Determination of the Court:
DETERMINATION:
The case came before the Court by way of a complaint under Section 15(1) of the Employees (Provision of Information and Consultation) Act 2006. The Complainant lodged his claim under the Act on 9thJuly 2015.
At the instigation of the Respondent the case came on for hearing before the Court on
9thJune 2017.
The Complainant did not attend the Court hearing. The Court is satisfied that the date and time of the hearing was notified to both parties by letters dated 26 April 2017. A number of attempts were made by the Court to contact the Complainant, to no avail.
The Complainant failed to attend the hearing or to otherwise communicate with the Court. The Respondent was present in Court on the day.
In these circumstances where the Complainant has failed to appear before the Court to present his case before the Court and to clarify matters for the Court, the Court finds that it has no case before it and accordingly the case is struck out for lack of prosecution.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th June 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.