Cosgrave v Jackson, Thornleigh Import Export Ltd

• Jurisdiction: Ireland
• Judgment Date: 25 May 1999
• Judgment citation (vLex): [1999] 5 JIEC 2501
• Date: 25 May 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Cosgrave v Jackson, Thornleigh Import Export Ltd

Abstract:

Costs - Claimant withdrew case - Statutory entitlement - Whether case frivolous or vexatious

Claimant withdrew his case in front of the Tribunal. Solicitor for respondent invoked section 19(2) of SI No. 24 of 1968 empowering the Tribunal to award costs in frivolous or vexatious cases. The Tribunal cited the Unfair Dismissals (Amendment) Act 1993 which allows a claimant to withdraw their case up to the time set for the hearing. They determined that such was a statutory right and was not a frivolous or vexatious action and dismissed the application for costs.

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