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withdraw and resubmit appeal?

  • 28-06-2017 8:10pm
    #1
    Red Hare
    Registered Users, Registered Users 2 Posts: 1,393 ✭✭✭


    If a person appealing an employment law decision to the labour court withdrew their appeal for reason of illness- could they then re- enter it when they recovered?


Comments

  • #2
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Red Hare wrote: »
    If a person appealing an employment law decision to the labour court withdrew their appeal for reason of illness- could they then re- enter it when they recovered?

    Should they not have requested an adjournment?


  • #3
    UrbanFox
    Registered Users, Registered Users 2 Posts: 474 ✭✭UrbanFox


    lifeandtimes wrote: »
    Should they not have requested an adjournment?

    My thought too.

    Did OP mean that they sought some kind of adjournment or actually withdrew the appeal formally.

    If the latter, I would have thought that to be analogous to serving a notice of discontinuance of proceedings. In this case how could OP recommence the appeal proceedings ? I suppose OP could serve the appeal notice again and see if the respondent / defendant seeks to take issue. Ultimately, this might have to end up in legal argument on the procedural point in front of the Circuit Court.

    If OP is feeling a bit vulnerable - which would be understandable where illness is involved - then they need proper legal representation to protect their rights. If they are a member of a union this service might be available as part of their union membership. Otherwise, this looks like a matter for advice from a solicitor specialising in employment law.


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