EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Stephen Kerslake - claimant UD1014/2014
for implementation of the recommendation of the Rights Commissioner
in the case of:
CHD Limited T/a AD Ireland – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr D. Mac Carthy SC
Members: Ms J. Winters
Ms E. Brezina
heard this claim at Dublin on 21st August 2014
Representation:
Claimant: In person
Respondent: A former manager of the company.
The determination of the Tribunal was as follows:-
This implementation came before the Tribunal by way of a Rights Commissioner recommendation, reference: r-137693-ud-13/JT.
As 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.”
The Tribunal is satisfied that the recommendation of the Rights Commissioner made under Section 7 of the Unfair Dismissals Acts, 1977 to 2007 has not been carried out by the employer and it is further satisfied that the prescribed time limit for bringing an appeal against the recommendation has expired. The Tribunal acknowledged the attendance of the former manager.
Accordingly the Tribunal orders that the Rights Commissioner’s Recommendation (reference number r-137693-ud-13/JT) to make an award of €12,000.00 to the claimant under the Unfair Dismissals Acts, 1977 to 2007 be implemented upon receipt of this determination.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)