EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
UD787/2013
Kryspin Klejnowski - claimant TE106/2013
for implementation of the recommendation of the Rights Commissioner
in the case of:
Kryspin Klejnowski,
-v-
James Coady, Step House Hotel Limited,
Step House Hotel Limited,
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. N. Russell
Members: Mr. J. Browne
Ms N. Greene
heard this claim at Carlow on 14th April 2014
Representation:
Claimant: In person
Respondent: No appearance or representation
Background:
These cases are before the Tribunal by way of an employee implementing recommendations, ref: r-124613-te-12/JT, ref: r-124612-ud-12/JT, of a Rights Commissioner under the above Acts.
Determination:
The Tribunal, is satisfied that the recommendation of the Rights Commissioner made under section 7 of the Terms of Employment Act 1994 to 2001 has not been carried out by the employer/respondent in accordance with its terms or at all and it is further satisfied that the prescribed six-week time limit for bringing an appeal against the recommendation has expired and no such appeal has been brought. Accordingly, the Tribunal makes a determination to like effect as the Rights Commissioner’s recommendation ref: r-124613-te-12/JT, that the respondent pays the appellant €600.00, under the Terms of Employment (Information) Act, 1994 and 2001.
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 Right Commissioner Recommendation, ref: r-124612-ud-12/JT, that the respondent pay the appellant the sum of €400.00 under the Unfair Dismissals Acts, 1977 to 2001.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)