TE30/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

TE30/2015

APPEAL OF:                                                                                                           

Edward Kelly               -Appellant                                      

for implementation of the recommendation of the Rights Commissioner

in the case of:

Edward Kelly               -Appellant                                      

-v-

Kelco Services Limited     -Respondent

under

TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms P. Mc Grath B.L.

Members:        Mr. L. Tobin

                        Mr. C. Ryan

heard this appeal at Dublin on 1st July 2015

Representation:

Appellant: Mr. Eugene Smartt, Solicitor, Newlands Retail Centre, Newlands Cross, Clondalkin, Dublin 22

Respondent: Colm O'Cochlain & Company, Solicitors, First Active House, Old Blessington Road, Tallaght Village, Dublin 24

Determination:

This case is brought before the Tribunal by an employee under the above Act:

“S. 8.

( 6 ) ( a ) Where a recommendation of a rights commissioner in relation to a complaint 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 complaint before the Tribunal and the Tribunal shall, 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.”

Accordingly, the Tribunal makes a determination to the like effect as the recommendation, ref r-143995-te-14/RG, in awarding the sum of €1,500.00, to the employee, under the terms of the Terms Of Employment (Information) Act 1994 To 2012.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)