EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
EMPLOYEE, TE56/2013
-appellant WT63/2013
for implementation of the recommendation of the Rights Commissioner
in the case of:
EMPLOYEE -appellant
-v-
EMPLOYER -respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr. J. Horan
Ms N. Greene
heard this appeal at Dublin on 31st July 2013
Representation:
Appellant:
Respondent: In persons/
Background:
This case came before the Tribunal where the appellant was seeking implementation of the recommendation of the Rights Commissioner under the Terms of Employment (Information) Acts, 1994 and 2001 reference: r-127373-te-12, and implementation of the decision of the Rights Commissioner reference: -125596-wt-11 and -127366-wt-11.
Determination:
The Tribunal, is satisfied that the recommendation of the Rights Commissioner made under section 7 of the Terms of Employment Act 1994 to 2001 has not been carried out by the employer/respondent in accordance with its terms or at all and it is further satisfied that the prescribed six-week time limit for bringing an appeal against the recommendation has expired and no such appeal has been brought. Accordingly, the Tribunal makes a determination to like effect as the Rights Commissioner’s recommendation reference: r-127373-te-12, that the employer pays the appellant €150.00, under the Terms of Employment (Information) Act, 1994 and 2001.
Under the Organisation of Working Time Act, 1997:
“(8) Where a decision of a rights commissioner in relation to a complaint 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 decision has expired and no such appeal has been brought, the employee concerned may, not later than 6 weeks after the expiry of that time, bring the complaint before the Labour Court and the Labour Court shall, 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 decision.”
Accordingly, the Tribunal makes a determination to like effect as the Rights Commissioner’s decision, reference: -125596-wt-11 and -127366-wt-11, that the employer pays the appellant €3,500.00, under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)