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UDD1970

FULL RECOMMENDATION

UD/18/63

DETERMINATION NO. UDD1970

ADJ-00007207 CA-00009407-005

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

PARTIES :

PTM EXPRESS LIMITED

- AND -

MARIUS GAJAUSKAS

DIVISION :

Chairman: Mr Haugh
Employer Member: Ms Connolly
Worker Member: Ms Tanham

SUBJECT:
1. Appeal Of Adjudication Officer Decision No: ADJ-00007207 CA-00009407-005

BACKGROUND:

2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 25 April 2018 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 19 November 2019. The following is the Determination of the Court:-

DETERMINATION :

Background to the Appeal

This is an appeal by Mr Marius Gajauskas (‘the Complainant’) from a decision of an Adjudication Officer (ADJ- 00007207, dated 3 April 2018) under the Unfair Dismissals Act 1977 (’the Act’). The Notice of Appeal was received by the Court on 25 April 2018.

There had been no appearance on behalf of the named Respondent at the hearing before the Adjudication Officer. Nevertheless, the Adjudication Officer found that the Complainant had not been unfairly dismissed within the meaning of the Act as she was satisfied “on the uncontested evidence of the Complainant” that “the dismissal was for reasons of redundancy”. The Complainant had an associated complaint under the Redundancy Payments Act 1967 which succeeded before the Adjudication Officer.

The Complainant’s Notice of Appeal was received by the Court on 25 April 2018. At that time, the Complainant was represented by Richard Grogan & Associates, Solicitors. Mr Grogan made a written submission to the Court in support of his client’s appeal. That written submission was received by the Court along with the Notice of Appeal on 25 April 2018.

By letter dated 24 September 2019 both Richard Grogan & Associates and the Respondent were informed that the within appeal was scheduled to be heard at 10.00 am on 1 November 2019. The Parties were subsequently notified by letter dated 3 October from the Court that the proposed hearing would not proceed as scheduled on 1 November 2019 due to the unavailability of a Court Member due to illness. Also, by letter dated 3 October 2019, the Court informed the Parties that the appeal had been relisted for hearing at 2.30 pm on 19 November 2019.

On 14 October 2019, the Court received a letter from Richard Grogan & Associates informing the Court that the firm had been unable to obtain instructions from the Complainant but indicating that the firm was unable to confirm that the appeal was withdrawn. At no stage did the Complainant advise the Court that Richard Grogan & Associates was no longer on record for him.

The Court sat, as scheduled, at 2.30 pm on 19 November 2019 to hear the appeal. There was no attendance by or on behalf of either Party to the appeal.

Determination

Section 48(2) of the Workplace Relations Act 2015 provides:

“Where a decision of an adjudication officer is appealed to the Labour Court under section 44, the Labour Court may strike out the appeal if it is satisfied that the appellant has not pursued the appeal within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.”

Having regard to the sequence of events outlined above, the Court determines that the Appellant/Complainant has not pursued the within appeal within the period of one year prior to 19 November 2019. Accordingly, having regard to section 48(2), the Court hereby strikes out the within appeal.

Signed on behalf of the Labour Court

Alan Haugh
MK ______________________
20 November 2019 Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.