Why It May Cost You Not To Attend A Hearing

In some recent decisions published by the EAT, employers who failed to attend the hearings had significant awards made against them.

These decisions show that even if the Company is in receivership it may be worth while to still attend the hearing, as these automatic findings have awards that are quite high.

 In the case of Kirk -v- Bridford Properties UD2127 (2010) the employer was accused of Unfair Dismissal against the employee, and there were also claims for Redundancy Payments and Minimum Terms of Notice.  In this case the employer failed to attend the hearing as they are currently in receivership care of KPMG and the Employee was awarded €67,500 in respect of the unfair dismissals claim, and €7,500 in respect of 8 weeks notice.

In the case of Rybak -v- Denis O’Grady Ltd UD2221 (2010), the employer, again accused of Unfair Dismissal, was in Liquidation and failed to attend the hearing. The Employee was awarded €25,000 in compensation for their claim.

Finally in the case of Betkowska -v- O’Sheas Castlelodge Guesthouse UD1976 (2010) the employer was accused of Unfair Dismissal, failure to pay notice under the Minimum Terms of Notice Act, and breach of the Organisation of Working Time Act, 1997. Although not in receivership or liquidation the Employer again failed to attend the hearing, leaving the Tribunal free to find in favour fo the employee. They were awarded €25,900 for Unfair Dismissal, €700 for notice pay, and €150 for Bank Holidays they were owed.

As these cases illustrate it is worthwhile to attend, even if the claim may be justified as non-attendance will see an automatic award made where the costs can be very high.

 

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Thursday, 15 November 2018
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