EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Josephine Riney TE172/2013
- Appellant
against the recommendation of the Rights Commissioner in the case of:
County Donegal VEC (Vocational Education Committee
&
ETB (Education & Training Board
Respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B L
Members: Mr D. Morrison
Ms. A. Moore
heard this appeal at Letterkenny on 16th February 2015
and 14th April 2015
Representation:
Appellant(s) : In Person
Respondent(s) : Sheridan & Co., Solicitors, PO Box 83, Riverside Office Park,
Neil T. Blaney Road, Letterkenny, Co. Donegal
This case came before the Tribunal where the employee (appellant) is appealing the Rights Commissioner recommendation under the Terms of Employment (Information) Act, 1994 and 2001, references: r- 090842-te-10.
The decision of the Tribunal was as follows:-
Background:
The employee (appellant) was employed as a teacher from the 1st October 1974 and was paid a monthly wage of €6,600.15.
Over a period of years the appellant requested a copy of her terms of employment from the respondent. This as acceded to in 1999. However, numerous requests from the appellant to the respondent regarding her terms and conditions and requesting information regarding certain circulars during her employment and period of absence from work was not.
The employee lodged a complaint under the Terms of Employment Acts, 1994 and 2001 concerning her statement of terms and conditions of employment on the 2nd March 2010. The Rights Commissioner heard this case on the 10th June 2013 and found the employee’s complaint was not well founded. The employee lodged an appeal of this recommendation to the Employment Appeals Tribunal on the 26th September 2013.
Determination:
The Tribunal finds the respondent complied with the 1994 Terms of Employment (information) Act in 1999. However subsequent to this, in 2008/2009, the appellant requested the respondent to provide further specific information of collective agreements and specific circulars that applied to her. These were not furnished. The failure to furnish was contributed to by the ongoing and numerous active areas of dispute between the parties. However the appellant’s request was not acceded to and therefore the respondent was in breach of the Act.
Accordingly, the Tribunal finds the appellant’s claim is well founded and overturns the Rights Commissioners Decision. The Tribunal awards the sum of €3,300.07, this being two weeks gross wages, under the Terms of Employment (Information) Act, 1994 and 2001.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)