EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Malgorzata Rymaszewska TE15/2015
WT41/2015
for implementation of the recommendation of the Rights Commissioner in the case of:
Fahrenheit 451 Mood Limited
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Ms J. Winters
Mr F. Barry
heard this appeal at Dublin on 24th March 2016
Representation:
Appellant : In person
Respondent : No representation listed
The decision of the Tribunal was as follows:
Section 8 (6) (a) of the Terms of Employment (information) Act reads as follows
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 is satisfied that in this case the respondent neither complied with this recommendation nor appealed its decision within the stipulated time allowed. Therefore, the Tribunal orders that the recommendation be implemented and for the respondent to make a payment €1350.00 to the appellant under the above Act
The Tribunal is satisfied that the recommendation of the Rights Commissioner has not been carried out under the Organisation of Working Time Act, 1997 and the time for bringing an appeal has expired and no such appeal having been brought nor payment made, orders that the recommendation be implemented and awards the appellant €456.72 under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)