UD1178/2012, PW384/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                CASE NO.

EMPLOYER                                                                   UD1178/2012

                                                                                                                        PW384/2012                                                                                                                    

against the recommendation of the Rights Commissioner in the case of:

EMPLOYEE

Under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr T. Ryan

Members:     Mr E. Handley

                     Mr N. Dowling

heard this appeal at Dublin on 17th December 2013

Representation:

Appellant:   REP

Respondent : Ms Iwona Rozek, Tallaght Enterprise Centre,

                     Main Road, Tallaght, Dublin 24

This case came before the Tribunal by way of an appeal against a recommendation by a Rights’ Commissioner references r-119306-ud-12/EH and r-118484-pw-11/EH

The determination of the Tribunal was as follows:

At the outset of this hearing the Tribunal established that the award made to the respondent under the Payment of Wages Act, 1991 has been discharged by the appellant and accepted by the respondent as fully corresponding to the Rights’ Commissioner recommendation. Accordingly, the appeal under that Act is deemed withdrawn.    

The appellant informed the Tribunal that while the entity making these appeals was in receivership the business where the respondent worked was not in receivership and was trading normally. The appellant also accepted there were procedural flaws in the way the respondent was dismissed. Furthermore the Tribunal was informed that the appellant was conceding the unfair dismissal case but still maintaining its appeal on the quantum awarded. Evidence on loss was therefore the only issue. During that evidence the appellant indicated it was actually now contesting the fact of dismissal.

Following a break in proceedings the appellant explicitly conceded that the respondent was unfairly dismissed and evidence of loss continued.

Having heard and considered that evidence the Tribunal upholds and affirms the Right’s Commissioner’s award of €3000.00 to the respondent under the Unfair Dismissal Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)