In a recent Employment Appeals Tribunal Case, the tribunal ordered the employee to pays costs to the employer, as there was not reason why they had to wait until the day of the hearing to withdraw the claims.
In the case of Anthony Murnane -v- OSG Restaurants Limited T/A McDonalds Restaurants (UD196/2011 MN196/2011) the employee was alleging that he was unfairly dismissed by the employer, however in the hearing it was noted to the Tribunal that a settlement had been previously agreed. The employee stated however that only 63% of the agreed amount had been paid and breach of contract proceedings were already in place so the claims would be withdrawn. The employer refuted this claim and said the full amount had been pay, 63% to the employee and the rest to the Revenue Commissioners, and felt that this claim was frivolous and vexatious and applied for costs.
In the determination the tribunal noted that the claims had been withdrawn, however there was no reason why they had to wait until the day of the hearing to do so, as the employers witness had already travelled to the hearing venue, and so awarded €75.00 in costs against the employee under section 19.2 of S.I. 24/1968.
This is a very sensible case in the circumstances and shows a less well-known route that some employers can take in the case of frivolous or vexatious claims that may be made against them.
