Balut v Murray Timber (Ballon)

• Jurisdiction: Ireland
• Judgment Date: 10 December 2015
• Judgment citation (vLex): [2015] 12 JIEC 1002
• Date: 10 December 2015
• Docket Number: TE88/2015,MN71/2015
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. MN71/2015

TE88/2015

APPEAL(S) OF:

Miroslaw Balut

appellant

and

Murray Timber (Ballon)

respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr. N. Russell

Members: Mr. J. Horan

Ms. S. Kelly

heard this appeal at Carlow on 10th December 2015

Background:

1 The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, came before the Tribunal by way of a direct claim.

2 The appeal under the Terms of Employment (Information) Act, 1994 and 2001, came before the Tribunal by way of the employee (the appellant) appealing against a Rights Commissioner Recommendation (reference: r-150241-te-14/EH).

3 A Tribunal appointed interpreter was present for the hearing. However, neither the appellant nor his listed representative attended the hearing.

4 An application was submitted by the respondent's representative for costs to be awarded to the respondent as provided for in S.I. 24 of 1968, Redundancy (Redundancy Appeals Tribunal) regulations, 1968 paragraph 19(2). The respondent sought travel and subsistence costs for its three witnesses, one of whom had travelled from Galway for the hearing.

Determination:

5 S.I. 24 of 1968 , paragraph 19(2) thereof, provides that:

�"Where in the opinion of the Tribunal a party to the proceedings (and, if he is a respondent, whether or not he has entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to another party a specified amount in respect of travelling expenses and any other costs or expenses reasonably incurred by that other party in connection with the hearing.�"

6 The Tribunal makes an order that the appellant pays the respondent the sum of €337.64 under the above provision of Statutory Instrument No.24 of 1968, this being €253.92 in respect of the witness who travelled from Galway and €41.86 in respect of each of the other two witnesses.

7 The Tribunal dismisses the direct claim under the Minimum Notice and Terms of Employment Acts and the appeal under the Terms of...