EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE - claimant
UD497/2012
MN386/2012
against
EMPLOYER - respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr J. Browne
Mr P. Trehy
heard this claim at Portlaoise on 20th September 2013
Representation:
_______________
Claimant(s) :
Respondent(s) : No appearance by or on behalf of respondent
The claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 was withdrawn on the day of the hearing.
Determination
The Tribunal is satisfied that both parties were properly on notice of the hearing.
Section 8 (1) of the Unfair Dismissals Act 1977 states that:-
“A claim by an employee against the employer for redress under this Act for unfair dismissal may be brought by the employee before a rights commissioner or the Tribunal and the commissioner or Tribunal shall hear the parties and any evidence relevant to the claim tendered by them and, in the case of a rights commissioner, shall make a recommendation in relation to the claim, and, in the case of the Tribunal, shall make a determination in relation to the claim”.
Section 8 (5) of the Unfair Dismissals Act, 1977 states that:-
“………the Tribunal shall not hear a claim for redress under this Act (except by way of appeal from a recommendation of a rights commissioner)-
(a) if a rights commissioner has made a recommendation in relation to the claim…”
As this is a direct claim to the Tribunal and not an appeal of a recommendation of a Rights Commissioner the Tribunal declines jurisdiction as the matter has already been adjudicated upon by a Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)