UDD2416

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00035373 (CA-00046502-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 31st of March 2023 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on the 18th of April 2024. The following is the Decision of the Court:

DECISION:

Ms Jelena Lune (“the Complainant”) appealed a decision of an Adjudication Officer made under the Unfair Dismissals Act 1977– 2015 The Adjudication Officer did not uphold Ms Lune’s complaint against her former employer, We Clean it Solutions Limited (“the Respondent”).  This appeal is linked to DWT2416. The appeal was lodged with the Labour Court on 31 March 2023. 

Background

By letter dated 28 November 2023, the Court notified the parties that the appeal would be heard on Tuesday, 30 January 2024.  On Tuesday, January 23, 2024, the Appellant submitted a request to postpone the hearing on the basis that she was unwell. That request was granted.

By letter dated 21 February 2024, the Court notified the parties that the appeal would be heard on Thursday, 18 April 2024 at 10.00am.

On the day of the hearing there was no appearance by the Appellant in the courtroom. The Respondent attended the hearing, along with its representatives and witnesses.

The hearing opened shortly after 10.00am. The Chairman noted that the Appellant was not present to move her appeal and that no contact had been made by her to postpone the proceedings.

The Chairman noted that it was open to the Court, having heard from the Respondent, to either adjourn the hearing to an alternative date because of the Appellant’s non-attendance or to decide to regard the Appellant’s non-attendance as a failure to advance her appeal.

The Respondent’s representative addressed the Court and requested that the matter not be adjourned. She said that her client wished to have the case closed and, on that basis, she requested that the complaint be dismissed.

The Court advised the Respondent that it would decide either to regard the hearing as adjourned or would decide the appeal and that it would communicate its decision in due course to both parties.

The Court closed the appeal hearing shortly thereafter. No further contact was made by the Appellant.

Deliberation

The Court is satisfied that the Appellant was on notice of the time and date of the hearing.

In making its determination in this case, the Court notes the following as being relevant:

The Appellant did not respond to various attempts by the Court Secretariat to contact her in advance of the hearing on 18 April 2024.

The contact details used were those provided by the Appellant to the Court.  The Court is satisfied that there was an amount of engagement between the Appellant and the Court administration using those contact details in January 2024 when she sought and was granted a postponement of an earlier hearing date.

In advance of the hearing on 18 April 2024, the Court Secretary sent emails on 8 April, 15 April, and 17 April 2024 requesting that the Appellant confirm her attendance at the hearing on 18 April 2024. No reply was received.

The Appellant did not reply to two phone calls made to her on the afternoon of 17 April 2024. 

No application to postpone the hearing was received by the Court.

The Appellant provided no satisfactory explanation in advance for her non-appearance at the scheduled hearing of the appeal.

The Respondent was present at the hearing, was represented at the hearing and had witnesses in attendance.

The Respondent submitted that the hearing should not be postponed or adjourned and that the appeal be adjudicated by the Court.

An appeal from a decision of an Adjudication Officer under the Act is a de novo appeal where the Court is required to hear the matter afresh. An Appellant must attend to progress that appeal. The appeal was scheduled for hearing on the day and the Respondent was ready and prepared to proceed. The Respondent is entitled have the matters heard and determined.

As the Complainant did not attend the Court hearing to move the appeal.  For the reasons outlined above, the Court finds that the appeal must fail.

The Appellant failed to attend to move her appeal.  The within appeal therefore fails. 

Determination

For the reasons set out above, the within appeal fails and the decision of the Adjudication Officer is affirmed.

The Court so decides.

The decision of the Adjudication Officer that the complaint is not well founded is upheld.

	Signed on behalf of the Labour Court
	Katie Connolly
CN	______________________
25 April 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Cathal Nerney, Court Secretary.