RPD258

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00047741 (CA-00058245-008).

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 21 May 2024 in accordance with the Redundancy Payments Acts 1967 to 2014.

A Labour Court hearing took place on 1 May 2025. The following is the Decision of the Court

DECISION:

This is an appeal by Finley Kennedy (the Appellant) against a decision of an Adjudication Officer given under the Redundancy Payments Act, 1967 - 2014 in a complaint against his former employer, Gavin Ryan and Siobhan Waldon t/a The Black Pig Winebar (the Respondent). 

The complaint was made to the Workplace Relations Commission (WRC) on 11 August 2023 and the decision of the Adjudication Officer giving rise to the within appeal issued on 10 April 2024.

The Adjudication Officer held that the complaint was not well founded.

An appeal of that decision was received by the Court on 21 May 2024.

This Decision is linked to seven related complaint which were scheduled to be heard together.

Background

A hearing of the appeal set for 26 November 2023 was postponed by the Court. The matter was relisted for hearing on 18 February 2025. That hearing date was postponed following an application made by the Respondent. The matter was relisted for hearing at 10:00am on 1 May 2025 in Cork.

Both parties were notified of the hearing scheduled for 1 May 2025 by letter dated 3 March 2025.

On 22 April 2025 the Court Secretary contacted the parties by email to confirm the attendees for both sides at the hearing. The Appellant’s representative replied by email Monday on 28 April 2025 to confirm that the Appellant and a named witness would attend the scheduled hearing.

The Appellant’s representative did not reply to two emails from the Court Secretary sent on 28 April 2024 and 20 April 2025 seeking further details in relation to witness statements.

On the day of the hearing, the Appellant failed to attend the hearing at the scheduled start time. The commencement of the hearing was delayed for a period, during which time the Court Secretary attempted to contact the Appellant and his representative to ascertain if he was attending the hearing and/or if was delayed en route.  The Appellant’s representative did not respond to a phone call from the Court Secretary at 10.08 am. The Court Secretary attempted to contact the Appellant directly by phone at 10.10am; the person that answered that phone call hung up.

Deliberation

 Rule 20 of the Labour Court Rules 2024, states:

20. Where the Appellant does not turn up for the hearing and, no satisfactory explanation is given to the Court for the failure of the Appellant to appear, the Court may determine that the appeal has not been upheld.

In this case the Court was satisfied that the Appellant was on notice of the hearing date and time.

Both parties were notified of the hearing scheduled for 1 May 2025 by letter dated 3 March 2025. The Appellant’s representative confirmed the Appellant’s attendance at the hearing by email on Monday 28 April 2025. Neither the Appellant or his representative made contact with the Court prior to, or on the morning of, the hearing to advise of any difficulties they may have encountered in attending the hearing. The hearing was delayed for a short period to allow the Appellant time to attend the hearing. The Appellant or his representative did not respond to efforts by the Court Secretary to contact them on the morning of the hearing. 

An appeal to the Labour Court is heard as a de novo appeal.

As the Appellant did not attend the hearing to move his appeal, the appeal fails.

Decision

The Appellant was not present to move his appeal. The appeal is not upheld.

The decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
AR	______________________
28 May 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.