JR Boning (Ireland) Limited v Nigmatas Orlovicius [2016]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. DWT1644
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 28(1), Organisation of Working Time Act, 1997; Appeal following Failure to Attend Adjudication Hearing

This case concerned an appeal by the employer who failed to attend the Adjudication Officer hearing. The employer argued that they had not received notice of the hearing of the complaint as they had changed the registered address of the Company after the date of receipt of the complaint. Accordingly, the employer argued that they should not have to pay the €300 in this instance due to the unusual circumstances.

The Court held that the Company was responsible for the failure to receive notification as they had not informed the Court of the change of registered address nor put any arrangements in place to forward their post to the new address.

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This article is correct at 28/07/2016
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