A JUDGE has urged the Oireachtas to consider changing the costly and cumbersome procedure of appealing decisions of the Employment Appeals Tribunal via the Circuit Court through to the High Court.
Mr Justice Michael Peart yesterday joined his colleague Mr Justice Peter Charleton in criticising “the mischief done” in having two layers of appeal against the tribunal’s rulings. It led to a situation where there were three hearings on oral evidence.
He was ruling on an application by Dr Maria Gordos, Carhan, Cahirciveen, Co Kerry, to be allowed to appeal to the High Court a Circuit Court decision dismissing her unfair dismissals claim against Waterville husband and wife medical team Dr Dermot and Dr Patricia Gibson.
Dr Gordos, a Hungarian doctor specialising in paediatrics, had appealed the Employment Appeals Tribunal decision that she had not been dismissed by the Gibsons, and had lost that appeal before Judge Terence O’Sullivan in the Circuit Court in Tralee.
Mr Justice Peart said the Gibsons had questioned whether she was now entitled to another appeal to the High Court.
The appeal itself had been adjourned while awaiting the court’s decision.
He said the Unfair Dismissals Act 1993 provided for an appeal to the Circuit Court against the determination of the tribunal but did not provide that the decision of the Circuit Court was final and conclusive.
It was silent also on any provision that an appeal to the High Court should be only on a point of law.
“The Oireachtas does from time to time provide in legislation that an appeal to the Circuit Court shall be final but . . . in relation to the Unfair Dismissals Act there is no such provision,” he said.
As things stood, Dr Gordos was entitled to bring her appeal to the High Court, the judge ruled.