ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00027277

Parties:

Complaint:

Date of Adjudication Hearing:  28/05/2025

Workplace Relations Commission Adjudication Officer:  Catherine Byrne

Procedure:

In accordance with section 8 of the Unfair Dismissals Acts 1977 - 2015, this complaint was assigned to me by the Director General.  The complainant, Mr Jim Toner, was dismissed by the respondent, Setanta Vehicle Sales Limited, on August 29th 2019.  He submitted this complaint to the WRC on February 26th 2020.

Mr Toner’s claim that his dismissal was unfair was scheduled for a hearing on August 20th 2020, but was adjourned at the request of the respondent, because one of their principal witnesses was unavailable.

Between September 2020 and January 2021, the hearing was adjourned on three occasions, due to Mr Toner’s illness.  In March and April 2022, the respondent was granted adjournments due to the illness of a witness.

Although the respondent’s application for an adjournment of the hearing scheduled for November 23rd 2022 was refused, the complainant was unavailable due to illness on that date and he was granted an adjournment.

Hearings scheduled for January and September 2023 were adjourned at the request of the respondent, due to the illness of one of their witnesses.  Sadly, that person died in 2024.

The complainant remained unavailable due to illness and was granted further adjournments in November 2023 and March 2024.

On March 4th 2025, a hearing was scheduled for May 28th.  This date was selected because, on February 26th, the complainant confirmed that he was available in late May and the respondent’s remaining witnesses were also available. 

On Friday, May 23rd, the complainant’s wife, Ms Emer Toner, wrote to the WRC.  She said that she thought that the hearing was scheduled for Monday, May 26th and she said that she was seeking a postponement because Mr Turner was in hospital.  On Tuesday, May 27th, the case officer sent a letter to Mr Toner by email and informed him that his application for an adjournment was refused and that the hearing would proceed the following day.  The hearing opened at 11.30 on Wednesday, May 28th.  At 11.42, Ms Toner sent an email to the case officer and stated that “Jim is unable to attend tomorrow.”

I have some sympathy for Mr Toner, who, because he was sick, was unable to proceed on May 28th 2025, when a hearing was scheduled for the 12th time.  However, I must also take account of the effect on the respondent of litigation that appears to have no certainty of being brought to a close.  Mr Toner confirmed in February 2025 that he would be available in May and it is unfortunate that he was not available.  In the absence of any definitive medical information to confirm if Mr Toner will ever be fit to proceed with a hearing of this matter, It is my view that it is in the interest of both parties that the matter is concluded. 

When he submitted this complaint to the WRC on February 26th 2020, Mr Toner was represented by O’Mara Geraghty McCourt Solicitors; however, on November 1st 2023, we were informed by the firm that it was no longer acting for him.

Setanta Vehicle Sales Limited was represented by Mr Karl Howe of Clark Hill Solicitors.  Mr Daragh Breen was instructed to represent the company at the hearing on May 28th 2025.

Decision:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Dated:   29-05-25

Workplace Relations Commission Adjudication Officer:  Catherine Byrne

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