Latest in Employment Law>Case Law>Capital Food Emporium (Holdings) Limited v John Walsh & anor [2016]
Capital Food Emporium (Holdings) Limited v John Walsh & anor [2016]
Published on: 03/02/2017
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Background

This case concerned the position that arises when a party and its representative do not turn up for an official hearing. In this case the court had to determine whether a breach of constitutional or natural justice, or the audi alteram partem principle, arises where the hearing proceeds due to the presiding officer being satisfied that there had been due notification of the hearing provided.

The court held that once the Rights Commissioner was satisfied that correspondence outlining the date, time and venue of the hearing had been sent to the absent party he was fully entitled to proceed to hearing and issue a recommendation thereafter, as no right to hold things up indefinitely until one elects, if one elects, to attend for hearing exists.
http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/e44d56645a3f441a802580a30052d005?OpenDocument

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/02/2017
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