UDD2032

1.Appeal of Adjudication Officer Decision No. ADJ-00015931 CA-00021237-001

BACKGROUND:

2.The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 27 May 2019 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 7 October 2020. The following is the Determination of the Court:-



DETERMINATION:

This is an appeal by Mr Graham McCormack (the Appellant) against the Decision of an Adjudication Officer ADJ-00015931 CA-00021237-001 dated 23rd May 2019 under the Unfair Dismissals Act 1977 – 2015 in a claim of unfair dismissal against his former employer, Tesco Ireland Limited.

The Adjudication Officer held that the Respondent has demonstrated that there were substantial grounds justifying the dismissal and that the dismissal was procedurally fair. Accordingly, the Adjudication Officer held that the claim was not well founded. The appeal was lodged with the Court on 27th May 2019.

The Appellant’s trade union representative, Mandate, was informed of the time and date on which the hearing would be held. The Appellant failed to attend the hearing or to otherwise communicate with the Court. Mr Keith Pollard, Mandate was present at the hearing on the day and informed the Court that he had met with his member the day before to discuss the case. Mr Pollard made a number of attempts to contact the Appellant on the day of the hearing, however, all attempts failed. The Court provided time for the Appellant to get in touch, however, he did not appear and made no contract with the Court.

The Respondent was present in Court on the day.

In the circumstances where the Appellant failed to appear before the Court to move his appeal, the appeal must fail and the Adjudication Officer’s Decision stands.

The Court so Determines.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
OC	______________________
30 October 2020	Deputy Chairman