EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Jude Ann Somers TE163/2011
- claimant
for implementation of the recommendation of the Rights Commissioner
in the case of:
Bronwen O'Donoghue, Caffe Prima Limited
- respondent 1
Cathal O'Donoghue, Caffe Prima Limited
- respondent 2
Caffe Prima Limited
- respondent 3
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr Myles Gilvarry.
Members: Mr. D. Morrison
Ms R Kerrigan
heard this appeal at Sligo on 19th November 2014
Representation:
Appellant : Howley Carter & Co, Solicitors, 1 Wine Street, Sligo
Respondent: Not in attendance or represented
The implementation came before the Tribunal by way of a Rights Commissioner’s recommendation dated 15th December 2011 reference r-094636-te-10/SR.
Determination
Section 8 (6) (a) of the Terms of Employment (Information) Act reads:
“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 matters aforesaid), make a determination to the like effect as the recommendation.”
The Tribunal finds the third named respondent cited in this claim is the correct respondent. The implementation order is made against the third named respondent only.
The Tribunal being satisfied that neither an appeal nor a payment has been made in this case determines that the Rights Commissioner’s recommendation, referred to above, be implemented on receipt of this Order and awards the appellant, €1,200.00 under the Terms of Employment (Information) Acts, 1994 to 2001.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)