EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Maria Horan TE110/2014 TU46/2014
against the recommendation of the Rights Commissioner in the case of:
Brookfield Facilities Services Limited
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr. W. O'Carroll
Mr F. Dorgan
heard this appeal at Limerick on 10th March 2015
Representation:
Appellant:
Mr Alec Gabbett, Leahy & Partners,
Solicitors, Park Manor, Upper Mallow Street, Limerick
Respondent:
Mr Tony Larkin,
Tony Larkin & Associates, Liquidator, 21 Newtown Mews, Annacotty, Limerick
This case came before the Tribunal by way of appeals by the employee against the decisions of the Rights Commissioner Ref: r-137615-te-13/GC and r-142799-tu-14/GC.
Determination:
Having carefully considered the evidence adduced at the hearing the Tribunal determines the following in respect of the two appeals before it.
The Tribunal varies the decision of the Rights Commissioner Ref: r-137615-te-13/GC in respect of the Terms of Employment (Information) Act, 1994 and 2001 and awards the appellant €960.00 under these Acts.
Furthermore the Tribunal upholds the decision of the Rights Commissioner in respect of the Protection of Employees on Transfer of Undertakings Regulations, 2003 and makes a determination to the like affect as the Rights Commissioner Ref. r-142799-tu-14/GC.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)