INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2011
GOODE CONCRETE LIMITED
(REPRESENTED BY DELOITTE)
- AND -
58 NAMED COMPLAINANTS
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES)
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Appeal under Section 83 of The Employment Equality Acts, 1998 to 2007.
2. The case was appealed by the Company to the Labour Court on the 3rd June, 2008. An initial hearing took place in November, 2008, followed by a second hearing in February, 2009 and a further hearing took place on the 18th January, 2012. The Company did not attend the final hearing. The following is the Court's determination:
This matter came before the Court by way of an appeal by Goode Concrete Limited against the decision of the Equality Tribunal in a claim by 58 complainants under the Employment Equality Acts 1998 to 2011. The Complainants are named in the decision of the Equality Tribunal bearing reference number DEC-E2008-020, dated 30th April 2008. The claims relate to discriminatory treatment, harassment, and equal pay.
The notice of appeal is dated 3rd June 2008. This matter first came before the Court on 12th November 2008 when a case management conference was held to identify the range of issues arising in the appeal and to determine the time which they were likely to take. The matter again came before the Court on 9th February 2009 when it was adjourned by consent.
Subsequently the appellant, Goode Concrete Limited, was placed in receivership. The Solicitors on record for the appellant wrote to the Court to say that they were no longer instructed in the matter and that further correspondence in relation to the case should be directed to the Receiver.
The case was again listed for hearing on 18th January 2012. In advance of the hearing Solicitors instructed by the Receiver wrote to the Court and indicated that the Receiver did not intend to adopt the Company's defence in the appeals. The appellant was then directly advised of the time and date on which the Court would sit to determine the appeals.
At the hearing there was no appearance by or on behalf of the appellant and the Solicitor for the respondents applied to have the appeals struck out.
As no evidence was tendered in support of these appeals it is the Determination of the Court that they be dismissed.
Signed on behalf of the Labour Court
26th January, 2011.______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.