EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
UD450/2013
EMPLOYER TE65/2013
appeal against the recommendation of the Rights Commissioner
in the case of:
EMPLOYEE
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. L. O Catháin
Members: Mr. L. Tobin
Ms. H. Kelleher
heard this case in Cork on 28 May 2013
Representation:
_______________
Claimant(s):
REP
Respondent(s):
Ms. Deirdre Malone, Comyn Kelleher Tobin, Solicitors, 29 South Mall, Cork
The determination of the Tribunal was as follows:-
This case came to the Tribunal as an appeal for implementation of Rights Commissioner Recommendation r-108878-ud-11/DI under the Unfair Dismissals Acts, 1977 to 2007, Ref.:UD278.13 TE38.13 (by which the appellant employee was awarded the sum of €4,500.00) and Rights Commissioner Recommendation r-108882-te-11/DI under the Terms of Employment (Information) Acts, 1994 and 2001, (by which the appellant employee was awarded the sum of €692.00). However, it was alleged that there had been an appeal (Ref.UD450.13 TE65.13) against both recommendations by the employer in question.
The Tribunal was told that the employer had failed to attend the relevant Rights Commissioner hearing due to a minor car accident and that the employer had contacted the Labour Court to appeal rather than the Employment Appeals Tribunal. The error was subsequently corrected such that the Employment Appeals Tribunal was ultimately served with the correct documentation. The issue at the Tribunal hearing on 29 May 2013 was whether or not the employer was out of time when the proper appeal documentation was eventually received at the Employment Appeals Tribunal.
Determination:
The Tribunal considered carefully the submissions made to it and the evidence presented to it. The primary obligations are a matter for the Appellant, including invoking the proper procedures to process the appeal ab initio. It was unfortunate that the Appellant did not check the correct procedure. The Tribunal did not feel obliged to accept an employer invitation to contact the Labour Relations Commission to investigate how the employer’s appellate intention might have been communicated to the Labour Court rather than the Employment Appeals Tribunal. However, the Tribunal did go through documentation available to it at the hearing. The Tribunal looked at every angle but justice had to be seen to be done. On the evidence available to it the Tribunal unanimously found that there was no valid appeal properly served on the Tribunal within the requisite time period. Therefore, the purported appeals (Ref. UD450 and TE65.13) against Rights Commissioner Recommendation r-108878-ud-11/DI under the Unfair Dismissals Acts, 1977 to 2007, and Rights Commissioner Recommendation r-108882-te-11/DI under the Terms of Employment (Information) Acts, 1994 and 2001, are dismissed.
Accordingly, the Tribunal orders the implementation of Rights Commissioner Recommendation r-108878-ud-11/DI under the Unfair Dismissals Acts, 1977 to 2007, (by which the appellant employee was awarded the sum of €4,500.00) and Rights Commissioner Recommendation r-108882-te-11/DI under the Terms of Employment (Information) Acts, 1994 and 2001, (by which the appellant employee was awarded the sum of €692.00).
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)