EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
TE123/2014
APPEAL(S) OF:
Viorica Andrei
for implementation of the recommendation of the Rights Commissioner
in the case of:
Broadford Cleaning & Maintenance Services Ltd.t/a Direct Cleaning Services
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Hayes BL
Members: Mr. A. O’Mara
Ms. M. Mulcahy
heard this appeal in Dublin on 10 April 2015
Representation:
_______________
Appellant(s):
Mr. Marius Marosan, 95 Viking Harbour, Usher's Island, Dublin 8
Respondent(s):
Mr. Gareth Kyne for Mr. John Barry, Managing Director, Management Support Services (Irl) Limited, The Courtyard, Hill Street, Dublin 1
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an appeal for implementation of Rights Commissioner Recommendation r-141681-te-14/EH under the Terms of Employment (Information) Acts, 1994 and 2001.
Section 8 (6) (a) of the Terms of Employment (Information) Act, 1994, states:
“ 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 aforesaid matters), make a determination to the like effect as the recommendation.”
Determination:
Given that there was no evidence that the sum recommended had been paid or that the respondent had appealed the award in good time the Tribunal, making a determination to the like effect as Recommendation r-141681-te-14/EH, orders that the respondent pay to the appellant the sum of €450.00 under the said Terms of Employment (Information) Acts, 1994 and 2001.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)