EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD750/2014
UD751/2014
CLAIM(S) OF:
Ma Minette Floro
- appellant 1
Lee-Ann Navarro
- appellant 2
for implementation of the recommendation of the Rights Commissioner
in the case of:
Vibtol Limited, T/A Lily Garden Chinese Restaurant
Vibtol Limited - respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr P. Pierson
Mr F. Keoghan
heard this claim at Tullamore on 30th March 2015
Representation:
Appellants : Ms Lorraine Clifford, Clifford & Co, Solicitors,
Suite 108, The Capel Building, Mary's Abbey, Dublin 7
Respondent(s) : no appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Determination
There was no appearance by or on behalf of the respondent company. The Tribunal is satisfied that all parties were on notice of the hearing.
Section 7 (4) (a) of the Unfair Dismissals Act, 1977 to 2007 states:
“Where a recommendation of a rights commissioner in relation to a claim for redress 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 claim before the Tribunal and the Tribunal shall, notwithstanding subsection (5) of this section, 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 Rights Commissioners Recommendation R-133660-UD-13/EH and R-133656-UD-13/EH that the respondent pays appellant 1 and appellant 2 the sum of €13,500.00 each under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)