UDD2214

FULL RECOMMENDATION

UD/19/165

ADJ-00015194 CA-00019780-001

DETERMINATION NO. UDD2214

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

PARTIES :

SLANEY FOODS INTERNATIONAL
(REPRESENTED BY ALASTAIR PURDY & CO)

- AND -

MR ADAM NOWAK

DIVISION :

Chairman:	Ms O'Donnell
Employer Member:	Mr Murphy
Worker Member:	Ms Tanham

SUBJECT:

1.Appeal of Adjudication Officer Decision No(s)ADJ-00015194 CA-00019780-001

BACKGROUND:

2.The Worker appealed the Decision of the Adjudication Officerto the Labour Court in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 22 February 2022. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Mr Nowak the Complainant against an Adjudication Officer’s Decision ADJ-00015194 given under the Unfair Dismissals Acts 1977 to 2015 (the Act’s) in a claim that he was unfairly dismissed by his former employer Slaney Foods International. The Adjudication Officer held that the complaint of unfair dismissal failed.

The case was listed for hearing on the 22/2/22 in Wexford.

The parties were notified on the 22nd December 2021 of the time, date and venue for the hearing. By email of the 15^thFebruary the parties were advised that the start time of the hearing had been changed to 11.30am.

After close of business on Friday the 18^thFebruary the Complainant emailed the Court secretariat advising that he was looking for a postponement as he had not had a chance to talk to his solicitor.

The Court responded on the next working day Monday 21^stFebruary 2022 advising the Complainant that because of the lateness of his application that he would have to attend the Court in person the next day and make an application for postponement.

After close of business at 11.05pm on Monday 21st the Complainant emailed to say that he was in Poland and not in a position to attend. No evidence of him being in Poland or that he had sought advice from a solicitor was provided.

The Court Secretary responded on the 22^ndFebruary 2022 at 8.50am advising that the hearing would proceed as scheduled.

The Complainant did not attend the hearing to move his appeal. The appeal fails.

The decision of the Adjudication Officer is upheld.

The Court so determines.

	Signed on behalf of the Labour Court

	Louise O'Donnell
DC	______________________
11 March 2022	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.