EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UD1557/2013
Igors Trunovs - claimant
for implementation of the recommendation of the Rights Commissioner
in the case of:
Igors Trunovs
-v-
Stable Diet Limited - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr. J. Browne
Mr. F. Dorgan
heard this claim at Wexford on 21st March 2014
Representation:
Claimant: Ms Ger Malone, Siptu, Liberty Hall, Eden Quay, Dublin 1
Respondent: No appearance or representation
Background:
This claim is before the Tribunal by way of an employee implementing a Recommendation of a Rights Commissioner ref: r-109485-ud-11/MMG, under the Unfair Dismissals Acts, 1977 To 2007.
Determination:
Section 7 (4) (a) of the Unfair Dismissals Act, 1977 to 2007, states:
“Where a recommendation of a rights commissioner in relation to a claim for redress 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 recommendation has expired and no such appeal has been brought, the employee concerned may bring the claim before the Tribunal and the Tribunal shall, notwithstanding subsection (5) of this section, 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 recommendation.”
Accordingly, the Tribunal makes a determination to the like effect as the Right Commissioner Recommendation, ref: r-109485-ud-11/MMG, that the respondent pay the appellant the sum of €10,000.00, under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)