EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYER TE295/2011
UD2249/2011 WT918/2011
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. O'Leary B L
Members: Mr M. Carr
Ms A. Moore
heard this appeal at Monaghan on 26th March 2013 and 17th October 2013
Representation:
_______________
Appellant: In person
Respondent: Mr Richard Grogan, Richard Grogan & Associates,
Solicitors, 16 & 17 College Green, Dublin 2
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal by the employer (the appellant) against a recommendation of the Rights Commissioner references r-094952-te-10 and r-094960-wt-10.
A determination has already issued from the Tribunal in relation to the Unfair Dismissals case UD2249/2011 dated 12th June 2013.
Determination:
The Tribunal carefully considered the evidence heard and the submissions received. It was agreed that the claim under the Organisation of Working Time Act was withdrawn as it was already implemented.
The respondent accepted that she had signed a contract of employment even though she was unsure of the date. The Tribunal finds that there was insufficient evidence to support the respondent’s contention that the appellant was in breach of the legislation. The appeal of the employer under the Terms of Employment (Information) Acts 1994 and 2001 succeeds thus upsetting the Rights Commissioner recommendation R-094952-te-10.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)