TE207/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                        CASE NO.

Supermac's Ireland Limited

- appellant                                                                                                  

TE207/2012

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

Fahad Nisar

- respondent

under

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. Wallace

Members:     Mr T. Gill

                   Mr F. Dorgan

heard this appeal at Limerick on 24th October 2014

Representation:

_______________

Appellant(s) :     Mr. John Brennan, IBEC, West Regional Office, Ross House,

                            Victoria Place, Galway

Respondent(s) :   Mr Gerard Kennedy, SIPTU, Liberty Hall, Eden Quay, Dublin 1

This case came before the Tribunal by way of an appeal by the employer (appellant) against the recommendation of the Rights Commissioner ref: (TE122145/12/MR) under the Terms of Employment (Information) Act, 1994 and 2001.

Determination

The Tribunal heard submissions from both parties in relation to the contract of employment given to the respondent. A copy of the said contract was opened to the Tribunal. It was accepted by the appellant that the contract of employment provided to the respondent did not contain his rate of remuneration.

Accordingly the Tribunal finds that the appellant was in breach of section 3 (g) of the Terms of Employment (Information) Act and in those circumstances the Tribunal upholds the recommendation of the Rights Commissioner and awards the respondent the sum of €500 under the said Act.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)