EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Karen Caffrey TE9/2014
- Appellant 1
Donal Fitzpatrick TE10/2014
- Appellant 2 WT32/2014
Derek Evans TE11/2014
- Appellant 3 WT33/2014
under
Churchtown School of Motoring Limited
- Respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
ORGANISATION OF WORKING TIME ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. O. Madden BL
Members: Mr. T. O’Grady
Ms. M. Mulcahy
heard this appeal at Dublin on 14th August 2014
Representation:
Appellant(s) : Ms. Mary Seery BL instructed by:
Nicola Somers, Somers & Company, Solicitors, Unit W10G,
Ladytown Business Park, Naas, Co. Kildare
Respondent(s) : In Person
The determination of the Tribunal was as follows:-
Background:
The implementation came before the Tribunal by way of a Rights Commissioner’s decisions under the Terms of Employment (Information) Act, 1994 and 2001 references: r-125667-te-12/MMG, r-125669-te-12/MMG, r-126666-te-12/MMG and the Organisation of Working Time Act, 1991 references:r-125672-wt-12/MMG and r-125664-wt-12/MMG.
Determination:
The Tribunal is satisfied that the time delimited by Section 9(1) of the Terms of Employment (Information) Act, 1994 to appeal the decision of the Rights Commissioner has expired without an appeal having been brought and the relevant payment being completed.
Accordingly the Tribunal orders that the Rights Commissioner’s decision to make an award for each appellant of:
- €1,000 to Appellant 1- reference: r-125667-te-12/MMG
- €1,000 to Appellant 2- reference: r-125669-te-12/MMG
- €1,000 to Appellant 3- reference: r-125666-te-12/MMG
under the Terms of Employment (Information) Act, 1994 to 2001, be implemented on receipt of this determination.
The Tribunal is satisfied that the time delimited under the Organisation of Working Time Act, 1991 to appeal the decision of the Rights Commissioner has expired without an appeal having been brought and the relevant payment being completed.
Accordingly the Tribunal orders that the Rights Commissioner’s decision to make an award for each appellant of:
- €2,000 to Appellant 2- reference: r-125672-wt-12/MMG
- €1,500 to Appellant 3- reference: r-125664-wt-12/MMG
under the Organisation of Working Time Act, 1991 to be implemented on receipt of this determination.
NB: It should be noted that the three Appellants have already received part payment of these awards to the following:
- Appellant 1 - €500
- Appellant 2 - €3,600
- Appellant 3 - €1,350
Therefore the remaining award due to each Appellant is as follows:
- Appellant 1 - €500
- Appellant 2 - €3,400
- Appellant 3 - €1,150
Under the Terms of Employment (Information) Act, 1994 and 2001 and the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)