Abdulajevas v Elan Pharma International Ltd [EAT]

• Jurisdiction: Ireland
• Judgment Date: 21 March 2012
• Judgment citation (vLex): [2012] 3 JIEC 2110
• Docket Number: UD1308/2010
• Date: 21 March 2012
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.UD1308/2010

CLAIM OF:

David Abdulajevas,57 Cluain Broc, Old Galway Road, Athlone, Co Westmeath

and

Elan Pharma International Limited, Monksland, Athlone, Co Westmeath Under

Representation:

Claimant: Byrne Carolan Cunningham, Solicitors, Oak House, 39/41 Mardyke Street, Athlone, Co Westmeath

Respondent: Mr Duncan Invararity, A & L Goodbody, Solicitors, IFSC, North Wall Quay, Dublin 1

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Ms. P. McGrath

B.L. Members:Mr. P. Pierson

Mr. O. Nulty

heard this claim at Mullingar on 7th December 2011 and 21st March 2012

Background

1 On the first day of hearing the respondent gave evidence in relation to the dismissal of the claimant. The hearing was then adjourned to 21 ^st March 2012 and the claimant was to present his case on that date.

2 However the claimant did not appear for the resumed hearing and his representative informed the Tribunal that they had tried, in vain, to contact him and had no instructions from him.

Determination

3 No evidence was presented by or on behalf of the claimant on the first day of hearing and there was no appearance by him at the resumed hearing. The Tribunal were satisfied that the claimant was properly notified of the date, time and venue of the resumed hearing and therefore this case is dismissed for want of prosecution.