EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE, UD505/2013
for implementation of the recommendation of the Rights Commissioner
in the case of:
EMPLOYEE -v-
EMPLOYER
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr. J. Horan
Ms N. Greene
heard this claim at Dublin on 31st July 2013
Representation:
Claimant:
Respondent:
Background:
This case is before the Tribunal by way of an employee implementing a recommendation of a Rights Commissioner, reference: r-090415-UD-10/DI, under the Unfair Dismissals Acts, 1977 To 2007.
Determination:
Section 7 (4) (a) of the Unfair Dismissals Act, 1977 to 2007, states:
“Where a recommendation of a rights commissioner in relation to a claim for redress under this Act has not been carried out by the employer concerned in accordance with its terms, the time for bringing an appeal against the recommendation has expired and no such appeal has been brought, the employee concerned may bring the claim before the Tribunal and the Tribunal shall, notwithstanding subsection (5) of this section, without hearing the employer concerned or any evidence (other than in relation to the matters aforesaid), make a determination to the like effect as the recommendation.”
Accordingly, the Tribunal makes a determination to the like effect as the Right Commissioner’s recommendation, reference: r-090415-UD-10/DI, that the employer pays the appellant the sum of €17,000.00, under the Unfair Dismissals Acts, 1977 to 2001.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)