EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
TE5/2015
APPEAL(S) OF:
Krzysztof Karski
– appellant
against the recommendation of the Rights Commissioner in the case of:
A.S. Cars Ltd - respondent 1
D.S. Cars Ltd - respondent 2
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr C. Lucey
Mr F. Barry
heard this appeal at Dublin on 13th May 2015
Representation:
Appellant(s) :
Mr Eamonn O'Hanrahan, O'Hanrahan Solicitors, 31 Fairview Strand, Fairview, Dublin 3
Respondent 1 : In person
Respondent 2: No appearance by or on behalf of respondent 2
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the employee appealing the recommendation of a Rights Commissioner under the Terms of Employment (Information) Act 1994 reference R-143631-TE-14/GC.
Determination
There was no appearance by or on behalf of the second named respondent. The appellant gave evidence that he was employed by the two named respondents.
Company director (AS) submitted a copy of an unsigned contract of employment for the appellant. The witness stated that he had given the appellant the contract and the claimant failed to sign and return it to him.
The claimant stated that it was at the Rights Commissioners hearing he had first sight of the contract of employment.
The appeal against the first named respondent succeeds and the Tribunal awards the sum of €250.00 under the Terms of Employment (Information) Act, 1994 to 2012 having found the first named respondent did not follow the proper guidelines as set out in the Act.
The Tribunal uphold the recommendation of the Rights Commissioner in the case of the second named respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)