UD1086/2011, TU14/2011

EMPLOYMENT APPEALS TRIBUNAL

UNFAIR DISMISSALS ACTS, 1977 TO 2007

EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATIONS 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms J. McGovern BL

Members:     Mr B. Kealy

                   Mr Al Butler

heard these claims at Dublin on 27^th February 2014

Representation

Claimant:                     Ms Sharon O’Malley Solicitor,

                                    PO Box 11022 Rathmines Post Office, Dublin 6

Respondent:                No appearance or representation

The determination of the Tribunal was as follows:

This case came before the Tribunal as an appeal by an employee against the recommendation of the Rights Commissioner reference number r-096270-ud-10/TB and against the decision of the Rights Commissioner reference number r-096272-tu-10/TB.

Determination

The legal representative for the appellant made an application to the Tribunal to have the appellant’s name amended on the T1-B appeal form. On the form the appellant’s forenames

only were given and due to an oversight his surname was omitted. The appellant’s surname was also omitted from the decision of the Rights Commissioner.

The Tribunal carefully considered the application but decided not to grant it. The Tribunal can amend the T1-B on notice to both parties. The Tribunal however it has no jurisdiction to amend recommendations or decisions of the Rights Commissioner. If the T1-B were amended there would be no benefit to the appellant as the Tribunal could not hear the appeals unless the appellant’s name was the same on both the Rights Commissioner’s findings and on the appeals form.

The Tribunal has no jurisdiction to hear these appeals. Therefore the recommendation and decision of the Rights Commissioner are upheld.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)