| FTC/23/2 | DECISION NO. FTD246 |
SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 15 (1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003
PARTIES:
(REPRESENTED BY OWEN KEANY, B.L. INSTRUCTED BY LK SHIELDS)
AND
MR SOANS JOSEPH FRANCIS
DIVISION:
| Chairman: | Ms O'Donnell |
| Employer Member: | Ms Doyle |
| Worker Member: | Mr Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00032036 (CA-00042184-009)
BACKGROUND:
The Worker appealed the Adjudication Officer’s Decision to the Labour Court. A Labour Court hearing took place on 23 May 2024.
The following is the Court's Decision.
DECISION:
This is an appeal by Mr Soans Joseph Francis (the Complainant) against Adjudication Officer’s Decision ADJ-00032036 CA-00042184-009 given under the Protection of Employees (Fixed Term Work) Act 2003 (the Act) in a claim against his previous employer Pramerica Systems Ireland (the Respondent). The Adjudication Officer held that his complaint was not well founded as the Complainant was on a contract of indefinite duration.
Background
The Complainant commenced employment with the Respondent in the position of Systems Development Specialist 17th June 2013. His employment was terminated by the Respondent on the 1st December 2020, following a disciplinary and appeal process arising from the Complainant’s behaviour in the workplace. The Complainant sent in numerous submissions referencing a wide range of issues not all of which fell within the jurisdiction of the Court.
By email of the 15th May the Complainant stated he was unable to attend the hearing scheduled on 23rd May 2024 and would only be able to attend next year. The Court replied on the 16th May advising the Complainant that unless a postponement was granted by the Chairman the hearing would go ahead as scheduled and set you what he needed to do to make an application for a postponement. No such application was made.
On the day of the hearing the Complainant was not present at the appointed time. The Court secretary rang him, and he confirmed he was not attending the hearings.
On the basis that the Complainant was not present to move his appeal his appeal must fail.
The decision of the Adjudication Officer is upheld
The Court so decides.
 | Signed on behalf of the Labour Court |
| |
| Louise O'Donnell |
| AR | ______________________ |
| 11 June 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.