UD2311/2011

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                  CASE NO.

Rachel Cudden           -           claimant

                                             UD2311/2011

for implementation of the recommendation of the Rights Commissioner

in the case of:

Sharon Kelly               -           respondent

Inspired Hair Salon,

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. D. MacCarthy S. C.

Members:     Mr. J. Reid

                    Mr. J. Dorney

heard this claim at Dublin on 8th January 2014

Representation:

Claimant:         Mr. B. O’Flaherty B.L. instructed by Ms. Anna Murphy, O'Reilly Thomas, Solicitors, 8 North Quay, Drogheda, Co Louth

Respondent:    Mr. K (the respondent’s husband)

Background:

This case was heard simultaneously with UD1256/2011.

This matter was previously listed on 28 June 2012. Following from matters arising on that date the claimant sought a correcting order from the Rights Commissioner service. A correcting order issued by virtue of S.39 of the Organisation of Working Time Act, 1997. The correcting order was dated 30^th July 2012 and the employer subsequently lodged an appeal of that Recommendation with the Tribunal on 9^th August 2012. The claimant sought to have the Rights Commissioner Recommendation implemented (reference: r-105322-ud-11/JW).

Determination:

As 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.”

In circumstances where an appeal of the Correcting Order was lodged on 9^th August 2012 the Tribunal must dismiss the implementation of the Rights Commissioner Recommendation (reference: r-105322-ud-11/JW).

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)