UD14/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                 CASE NO.

Elizabeth Coyne - Appellant                                                                          UD14/2014

V

First Care Ireland T/A Mountpleasant Lodge Nursing Home - Respondent

against the recommendation of the Rights Commissioner in the case of:

Elizabeth Coyne

V

First Care Ireland T/A Mountpleasant Lodge Nursing Home

Under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr R.  Maguire, B.L.

Members:       Mr P.  Pierce

Mr D.  Thomas

heard this claim at Dublin on 20^th April 2015

Representation:

Appellant:       In person

Respondent:    Ms Deirdre O’Kane

Hayes, Solicitors, Lavery House, Earlsfort Terrace, Dublin 2

This case came before the Tribunal by way of an appeal by an employee against the recommendation of a Rights’ Commissioner References:  r-136699-ud-13/JW.

The determination of the Tribunal was as follows:

On the day of the hearing the Tribunal noted that the employer was incorrectly named on the Right’s Commissioner’s Decision.  It is not within the remit of the Tribunal to amend the names of parties as they appear on a Rights Commissioner recommendation. 

Therefore, in the circumstances the Tribunal cannot hear the appeal as presented as the correct legal entity of the respondent has not been named.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)