This website contains decisions and determinations of both the Labour Court and the WRC. It also contains decisions and recommendations of the Equality Tribunal since 1996 and post 2007 determinations of the Employment Appeals Tribunal. For more information click here

UDD2136

FULL RECOMMENDATION


UD/20/69
ADJ-00023170 CA-00029784-001
DETERMINATION NO. UDD2136

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015


PARTIES :
WALTERS HOSPITALITY LTD T/A WALTERS BAR AND GRILL

- AND -

MR MARK DEVINE


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Doyle
Worker Member: Mr Hall

SUBJECT:

1. Appeal of Adjudication Officer Decision No(s) ADJ-00023170 CA-00029784-001

BACKGROUND:

2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place in a virtual setting on 10 May 2021. The following is the Determination of the Court:-

DETERMINATION :

This is an appeal by Walters Hospitality Ltd T/A Walters Bar and Grill against an Adjudication Officer decision ADJ-00023170 in a complaint by Mr Mark Devine former employee, pursuant to the Unfair Dismissals Act 1977 to 2015 (the Act) in a claim that he was unfairly dismissed by his employer.

 The Adjudication Officer awarded the Complainant €7,960 in compensation.

In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Mr Devine is referred to as the Complainant and Walters Hospitality Ltd Walters T/A Walters Bar and Grill is referred to as the Respondent.

 The Respondent did not attend at first instance. The fee of €300 euro was lodged with the Labour Court on the 10th April 2020. The Respondent did not make a submission, nor did they respond to any correspondence form the Court. However, the correspondence that the Court issued to the address it has on file was not returned.
The Respondent did not attend the hearing on Monday 10th May 2021 and therefore the appeal fails for want of prosecution.

 The Decision of the Adjudication Officer is upheld.

The Court so Determines.

Signed on behalf of the Labour Court
Louise O'Donnell
DC ______________________
10 May 2021 Deputy Chairman


NOTE

Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.