EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Carmen Marosan UD1226/2013
- Appellant TE161/2013
against the recommendation of the Rights Commissioner in the case of:
OCS Ireland - Respondent
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. P. McGrath B.L.
Members: Mr. D. Winston
Mr. J. Maher
heard this claim at Dublin on 19th August 2014
Representation:
Appellant: Not Present or Represented
Respondent: Tiernan Doherty, IBEC, Confederation House, 84/86, Lower Baggot Street,
Dublin 2
This case came before the Tribunal by way of an employee appealing the decision of the Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 and the Terms of Employment (Information) Act, 1994 and 2001, references: r-30524-ud-13/EH and r-129946-te-13/EH.
The determination of the Tribunal was as follows:-
Background:
The appellant was employed as a cleaner in the respondent’s cleaning business. She took a claim for constructive dismissal and claimed she did not receive a written contract of employment and sought compensation for both from the Rights Commissioner. The hearing of these claims was before the Rights Commissioner on the 23rd May 2013. A written decision for both claims was signed and dated the 10th July 2013 and issued to all parties. The appellant appealed both decisions to the Employment Appeals Tribunal on the 29th August 2013.
Determination:
The Tribunal are satisfied that the appellant was properly notified of the time, date and location of the hearing. She was not present of the day of the hearing to prosecute her appeals.
Therefore the appeals under the Unfair Dismissals Acts, 1977 to 2007 and the Terms of Employment (Information) Acts, 1994 and 2001 are dismissed for failure to prosecute.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)