Unfair Dismissal – Failure of employer to attend hearing leads to award of €140,000

The case of Declan Lally v Window and Roofing Concepts Limited UD 183/2011 demonstrates the importance of an employer receiving proper advice on the implications of not attending an Employment Appeals Tribunal hearing.In this case the Tribunal accepted the Claimant’s uncontested evidence that he was offered a package to resign his position which he did not accept and he claimed that he was dismissed without notice.The Employment Appeals Tribunal awarded the Claimant €140,000 under the Unfair Dismissal Act 1977 (as amended) together with four weeks notice under the Minumum Notice and Terms of Employment Act 1973 and two weeks pay under the Organisation of Working Time Act 1997.It is apparent from many of the recent Employment Appeals Tribunal decisions that many parties simply fail to attend leading to a waste of a valuable hearing date for which many parties are waiting long periods to attend. The danger for an employer in not attending is demonstrated by the award in the above decision. So what can an employer do? The only real option for an employer is to appeal the decision to the Circuit Court which can have real cost implications unlike the Tribunal in the first instance.