EMPLOYMENT APPEALS TRIBUNAL
Finbarr Gleeson Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. J. Browne
Ms. P. Doyle
heard this case in Cork on 28 November 2016
No legal or trade union representation
Mr. Joseph Bolger, ESA Consultants, The Novum Building, Clonshaugh Industrial Estate, Dublin 17
The determination of the Tribunal was as follows:-
The claimant was not present at the hearing but his brother attended. The Tribunal stated that it could not hear the case in the absence of the claimant. The Tribunal said that there could be an application for a postponement but, that ultimately the claimant would have to attend his hearing. A Tribunal-appointed interpreter provided all translation necessary.
AS (the claimant’s brother) was unable to say when the claimant would be available to pursue his case. Questioned by the Tribunal, AS said that the claimant had gone to the U.S. a year earlier.
The respondent’s representative (JB), who was present with the respondent’s witnesses stated that the claimant had previously failed to turn up for a Workplace Relations Commission hearing in September 2015. An application was made to strike out the application.
The Tribunal took a recess to consider the situation and then resumed.
The Tribunal, having taken time to consider, ruled that it found the situation too uncertain, that it could not accede to the postponement and struck out the claims under the Unfair Dismissals Acts, 1977 to 2007, and under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal