FULL RECOMMENDATION
SECTION 9 (1), UNFAIR DISMISSAL ACTS, 1977 TO 2015 PARTIES : CLADDAGH BUILDING CONTRACTORS LTD - AND - KEVIN LALLY (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No. ADJ-00000273.
BACKGROUND:
2. The Employer appealed the decision of the Adjudication Officer to the Labour Court in accordance with Section 9(1) of the Unfair Dismissals Act, 1977 to 2015 on the 17th June 2016. A Labour Court hearing took place on the 8th March 2017. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Claddagh Building Contractors Limited against the decision of an Adjudication Officer given under the Unfair Dismissals Act 1977 - 2015 (the Act). The Adjudication Officer found that the complaint made by Mr Kevin Lally against his former employer was well founded and awarded him the sum of €14,000 in compensation.
In this Determination the parties are referred to as they were at first instance. Hence Claddagh Building Contractors Limited is referred to as the Respondent and Mr Kevin Lally is referred to as the Complainant.
The Respondent failed to furnish the Court with a submission detailing the grounds of its appeal. The Respondent was informed of the time and date on which the hearing would be held. Despite numerous attempts by the Court to contact the Respondent, no one appeared before the Court on its behalf and there was no communication from the Respondent to the Court. The Complainant and his Union representative were present in Court on the day.
In these circumstances where neither the Respondent nor any representative on its behalf appeared before the Court to move its appeal, the Court finds that the appeal fails for want of prosecution and the Adjudication Officer’s Decision stands.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
27 March 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.