EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Oscar Caracas -claimant UD2234/2011
MN2277/2011
WT913/2011
against
Tlc Centre Limited -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. G. Hanlon
Members: Mr. F. Moloney
Mr. F. Barry
heard this claim at Dublin on 12th April 2013
Representation:
Claimant: Mr. Richard Clinch, Seamus Maguire & Co, Solicitors, 10 Main Street, Blanchardstown, Dublin 15
Respondent: Ms Catherine Day Peninsula Business Services, Unit 3 Ground Floor, Block S, East Point
Business Park, Dublin 3
Determination:
There was no appearance by the claimant. The claimant's representative attended on his behalf and told the Tribunal that the claimant was overseas. The claimant's representative applied to have the case adjourned. The respondent representative applied to have the case dismissed.
The Tribunal determines that the claim under the Unfair Dismissals Acts, 1977 To 2007, fails. The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fail. The claim under the Organisation of Working Time Act, 1997, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This _______________________
(Sgd.)______________________
(CHAIRMAN)
JUDICIAL REVIEW
CASE NO. 2013 361 JR
MONDAY THE 9TH DAY OF DECEMBER 2013
BEFORE THE PRESIDENT
BETWEEN
OSCAR CARACAS
APPLICANT
AND
EMPLOYMENT APPEALS TRIBUNAL
RESPONDENT
AND
TLC CENTRE LIMITED
NOTICE PARTY
Upon Motion of Counsel for the Applicant made unto the Court this day pursuant to Notice of Motion dated the 31st day of July 2013 and there being no attendance by or on behalf of the Notice Party
Whereupon and on reading the said Notice of Motion the Order herein dated the 13th day of May 2013 giving leave to the Applicant to apply for an Order of Certiorari by way of application for judicial review the Statement dated the 8th day of July 2013 signed by the Solicitor for the Applicant the Affidavit of the Applicant filed on the 8th day of July 2013 the exhibits therein referred to the Affidavit of Richard Clinch filed on the 8th day of July 2013 the Affidavit of service of the said Notice of Motion Order Statement and Affidavit on the Notice Party and on hearing what is offered by Counsel for the Applicant
The Court doth grant an Order of Certiorari in respect of Determination of the Respondent made on or about the 12 April 2013 to strike out the claim of the Applicant for relief under the Unfair Dismissal Act 1997 to 2007 (Case Number UD2234/2011 )
The Court doth grant an Order of Certiorari in respect of the Determination of the Respondent made on or about the 12 April 2013 to strike out the claim of the Applicant for relief under the Minimum Notice Act and Terms of Employment Act 1973 to 2005 (Case Number MN2277/2011)
The Court doth grant an Order of Certiorari in respect of the Determination of the Respondent made on or about the 12 April 2013 to strike out the claim of the Applicant for relief under the Organisation of Working Time Act 1997 ( Case Number WT913/2011)
The Court doth grant an Order of Mandamus directing the Respondent (a different division with no previous involvement in or knowledge of his proceedings) to hear consider and determine in accordance with law the Applicant’s claim under the Unfair Dismissal Act 1997 to 2007 the Minimum Notice Act and Terms of Employment Act 1973 to 2005 and the Organisation of Working Time Act 1997
The Court doth Declare that the determination of the Respondent dated 12 April 2013 striking out the Applicants claims for Relief under the Unfair Dismissal Act 1997 to 2007 and under the Minimum Notice Act and Terms of Employment Act 1973 to 2005 and under the Organisation of Working Time Act 1997 is without efficacy and/or is unreasonable irrational and perverse and in breach of fair procedures and natural justice
And in lieu of directing that an Order of Certiorari do issue IT IS ORDERED that the aforesaid determinations and all records and entries relating thereto be quashed without further Order
No Order as to costs
ANGELA DENNING
REGISTRAR
PERFECTED 20-12-2013