EMPLOYMENT APPEALS TRIBUNAL
Appeal OF: CASE NO.
Adrian Boladz UD1412/2014
-Appellant
for implementation of the recommendation of the Rights Commissioner
in the case of:
Adrian Boladz
-Appellant
-v-
MCR Personnel Limited
-Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms S. Behan
Members: Mr. D. Hegarty
Mr. F. Dorgan
heard this claim at Cork on 29th July 2015
Representation:
Appellant: Mr. David Gaffney, Gaffney solicitors, 4b Father Matthew Street, Cork
Respondent: No appearance or representation
Determination:
The above case is before the Tribunal by way of an employee seeking to implement a Rights Commissioner Recommendation, ref r-137141-ud-13JOC, under the Unfair Dismissals Acts, 1977 to 2007.
Section 7 (4) (a) of the Unfair Dismissals Act, 1993, 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 Right Commissioner Recommendation ref r-137141-ud-13JOC in awarding the appellant the sum of €1,000.00, under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)