EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Maureen Stewart
- appellant
UD277/2014
for implementation of the recommendation of the Rights Commissioner
in the case of:
Capital Food Emporium 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 J. Goulding
Mr P. Trehy
heard this claim at Dublin on 20th August 2015
Representation:
_______________
Claimant(s) : Mr. Tom O'Dwyer, SIPTU, Misc, Liberty Hall, Dublin 1
Respondent(s) : Mr Joe Bolger, ESA Consultants, The Novum Building, Clonshaugh Ind Est,
Dublin 17
This case came before the Tribunal where the appellant was seeking implementation of the recommendation of the Rights Commissioner under the Unfair Dismissals Acts 1977 to 2007, (case: r-121010-ud-12/JW). This correcting order issued pursuant to section 39 of the Organisation of Working Time Act 1997 correcting the original decision issued on 6 September 2012.
Determination
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.”.
The Respondent submitted that it had initially not been on notice of the hearing before the Rights Commissioner. It had not been on notice subsequently of an aplication for a correction order by the Rights Commissioner in relation to the name of the Respondent either. It had initially lodged an appeal to the E.A.T., but had, on legal advice, withdrawn that appeal. The Respondent submitted, nothwithstanding that withdrawal of the appeal, that the E.A.T. had no jurisidiction in this matter.
The Tribunal notes that the Respondent was on notice of the correction order of the Rights Commissioner, and had initiated an appeal within time but chose not to pursue that appeal. In the circumstances, the Tribunal is confined to making the order for implementation as sought.
Accordingly, the Tribunal makes a determination to the like effect as the Rights Commissioner recommendation, that the respondent pay the appellant the sum of €26,000 for breaches of the Unfair Dismissals Acts 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)