FULL RECOMMENDATION
SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015 PARTIES : SHAW & SONS LIMITED (REPRESENTED BY PENINSULA) - AND - JACKLYN RYAN (REPRESENTED BY JONES CARTER & CO) DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision no.ADJ-00011419, CA-00015302-001 This is an appeal on behalf of Shaw & Sons (“the Respondent”) from a decision of an Adjudication Officer (ADJ-00011418, dated 1 August 2018) under the Unfair Dismissals Act 1977 (‘the Act’). The Adjudication Officer upheld Ms Ryan’s (“the Complainant”) complaint of constructive unfair dismissal and awarded her compensation of €3,000.00. The Notice of Appeal was received by the Court on 23 August 2018. The Court heard the appeal in a virtual courtroom on 12 March 2021. The Respondent furnished a written submission to the Court in advance of the hearing. No submission was received from the Complainant. The Complainant did not attend at the within hearing. The Court has satisfied itself that the Complainant’s Solicitor was duly notified of the hearing arrangements for the appeal. Discussion and Decision The Complainant’s claim is one of constructive unfair dismissal. It follows, therefore, that the burden of proof rests on the Complainant. An appeal from a decision of an Adjudication Officer under the Act is a de novo appeal i.e. the Court is required to hear the matter afresh. As the Complainant elected not to attend at the hearing she has not discharged the burden of proof placed on her by the Act. The appeal, accordingly, succeeds and the decision of the Adjudication Officer is set aside. The Court so determines
NOTE Enquiries concerning this Determination should be addressed to Heather Murray, Court Secretary. |
