FULL RECOMMENDATION
SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015 PARTIES : NOONAN SERVICES GROUP LIMITED (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LIMITED) - AND - ROBERT GANCARZ DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr McCarthy |
1. Appeal Of Adjudication Officer Decision No: ADJ-00001740
BACKGROUND:
2. The Worker appealed the decision of the Adjudication Officer to the Labour Court in accordance with Section 8 A of the Unfair Dismissals Act, 1977 to 2015 on 10 January 2017. The following is the Determination of the Court:
DETERMINATION:
This is an appeal against the Decision of an Adjudication Officer in a complaint by Robert Gancarz (the Complainant) under Section 8 of the Unfair Dismissals Act, 1977 against Noonan Services Group Limited (the Respondent) that he had been unfairly dismissed. The Adjudication Officer found that the complaint was unfounded on the basis that no dismissal of the Complainant had taken place.
The Complainant was informed of the date and time of the appeal hearing before the Court. The Complainant was notified that the initial hearing would be a case management hearing. He submitted a written submission on his appeal and was furnished with a copy of the Respondent’s submission. On the day of the hearing the Complainant did not appear before the Court or otherwise communicate with the Court. The Respondent was present in Court on the day.
In the circumstances where the Complainant or any representative on his behalf failed to appear before the Court to move his appeal the appeal fails for want of prosecution and the decision of the Adjudication Officer stands.
The Court so Determines.
Signed on behalf of the Labour Court
Kevin Foley
JD______________________
8 May 2017Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Deegan, Court Secretary.