Mulrooney v Elavon Financial Services Ltd

• Jurisdiction: Ireland
• Judgment Date: 13 July 2016
• Judgment citation (vLex): [2016] 7 JIEC 1302
• Docket Number: UD870/2015
• Date: 13 July 2016
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD870/2015

CLAIM(S) OF:

Ciara Mulrooney

and

Elavon Financial Services Limited T/A Elavon Merchant Services

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr. C. Corcoran BL

Members: Mr. G. McAuliffe

Mr. C. Ryan

heard this case in Dublin on 13 July 2016

The determination of the Tribunal was as follows:-

1 An unfair dismissal claim was to be heard on 13 July 2016 but it was withdrawn on 12 July 2016.

2 On the morning of 12 July 2016 the respondent's representative e-mailed the Tribunal to say that he had only been notified of the withdrawal at 8.28 that morning, that the respondent's witnesses had consequently been stood down and that the respondent's preparation for the hearing had ceased.

3 However, the e-mail asked the Tribunal to note that, notwithstanding the withdrawal of the claim, the respondent's representative had been instructed to apply at the 13 July 2016 hearing for the respondent's "travelling and other costs and expenses incurred by it in connection with the hearing".

4 At the Tribunal hearing the respondent's representative applied for costs giving an extensive background history to the parties' conduct.

5 The claimant's representative said that he had to advise the claimant on which course of action to pursue and that he had been greatly delayed in doing this by the amount of time that had passed without the respondent's representative filing a defence to the constructive dismissal claim.

Determination:

6 Under the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( Statutory Instrument No. 24 of 1968), as amended by the Redundancy (Employment Appeals Tribunal), 1979 ( Statutory Instrument No. 114 of 1979) the Tribunal...