EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE, TE260/2012
for implementation of the recommendation of the Rights Commissioner
in the case of:
EMPLOYER
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. K. Buckley
Members: Mr. J.J. Killian
Ms. H. Kelleher
heard this case in Cork on 12 September 2013
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal for implementation of Rights Commissioner Recommendation TE120756/12/MR under the Terms of Employment (Information) Acts, 1994 and 2001, by which the employee was awarded the sum of €1,000.00.
The appellant employee had claimed to the Rights Commissioner that she had not been given written terms of employment within two months of commencing employment with the employer. Her gross weekly pay at the end of her employment was €390.00.
No evidence was offered at the Tribunal hearing by or on behalf of the employer to indicate that the sum awarded by the Rights Commissioner had been paid or that Rights Commissioner Recommendation TE120756/12/MR under the Terms of Employment (Information) Acts, 1994 and 2001, had been appealed within the required six-week period.
Determination:
Given that there was no evidence that the employer had appealed Rights Commissioner Recommendation TE120756/12/MR or had paid the appellant the sum of €1,000.00 awarded, the Tribunal is unanimous in making a determination to the like effect as Rights Commissioner Recommendation TE120756/12/MR under the Terms of Employment (Information) Acts, 1994 and 2001, and thereby orders the implementation of the award of €1,000.00 (this amount being equivalent to 2.5641 weeks’ gross pay at €390.00 per week) to the appellant under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)