CD/24/182 | DECISION NO. LCR23059 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
AND
A WORKER
(REPRESENTED BY SIPTU)
DIVISION:
Chairman: | Ms Connolly |
Employer Member: | Ms Doyle |
Worker Member: | Mr Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00024858 (CA-00031676).
BACKGROUND:
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 17 June 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 30 October 2024.
DECISION:
This is an appeal by a Worker against an Adjudication Officer’s recommendation in relation to a complaint against his Employer under the Industrial Relations Act, 1969.
The Worker failed to attend the Court on the day of the hearing to progress his appeal.
The Worker’s union representative sought a postponement on the basis that she had not heard from the Worker and was unable to make contact with him. She said that she could not proceed in circumstances where she had no instruction from him.
The Court declined the application to postpone the hearing. In arriving at that decision, the Court was satisfied that the Worker was on notice of the hearing date and time since 16 August 2024.
The Court noted that the Worker had already sought a postponement in the days prior to the hearing as he wished to review his personnel file in case it contained relevant information to his appeal. The Court had refused that request, and he was advised that the appeal would proceed as scheduled.
On the day of the hearing the Worker did not respond to efforts by his union official to contact him. The Worker provided no satisfactory explanation to the Court or to his union official for not appearing at the scheduled hearing of the appeal.
The Employer was present at the hearing. It advised the Court that the Worker had contacted the employer to say that he was sick but had provided no further details. In response to questions from the Court the Employer said that it was in the interests of all parties that the matter in dispute, which was ongoing for nearly five years be brought to a conclusion.
Where a worker does not turn up for the hearing and no satisfactory explanation is given to the Court for the failure of the worker to appear, the Court may dismiss the appeal.
Having considered the above, the Court decided that as the Worker did not attend the hearing on the scheduled date to move the appeal, his appeal fails.
Accordingly, the Court the Recommendation of the Adjudication Officer is affirmed.
The Court so Decides.
Signed on behalf of the Labour Court | |
Katie Connolly | |
TH | ______________________ |
5th November 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.