EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Derek O'Toole - appellant TE77/2013
WT82/2013
for implementation of the recommendation/decision of the Rights Commissioner
in the case of:
Baymore Limited T/A Black Forge Inn - 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 P. Pierce
Mr J. Maher
heard this appeal at Dublin on 13th March 2014
Representation:
_______________
Appellant(s) : In Person
Respondent(s) : No appearance by or on behalf of respondent
This case came before the Tribunal where the appellant was seeking implementation of the recommendation/decision of the Rights Commissioner under the Organisation of Working Time Act 1997 reference: (r-127332-WT-12/JW, r-127334-WT-12/JW, r-127336-WT-12/JW) and the Terms of Employment (Information) Act 1994 and 2001 reference: (r-127338-te-12/JW).
Determination
The Tribunal, being satisfied that the recommendation of the Rights Commissioner has not been carried out, the time for bringing an appeal having expired and no such appeal having been brought, makes a determination to the like effect as the recommendation and awards the sum of €800.00 under the Terms of Employment (Information) Act, 1994 and 2001.
In relation to decision of the Rights Commissioner under the Organisation of Working Time Act, 1997 the Tribunal implements the awards made under section 19 (1) and 21 (1) of the Act and awards the sum of €1574.11 as this award relates to holiday entitlements. The Tribunal declines jurisdiction in relation to the breaches under section 14 (1), section 11 and section 15 (1) as these matters relate to issues other than leave entitlements and the Labour Court is the appropriate body to deal with these matters.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)