EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Kamila Wozniak -claimant
UD1109/2010
for implementation of the recommendation of the Rights Commissioner
in the case of:
Keith Ryan T/A Xcell Cleaning - respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr P. Pierson
Mr J. Flannery
heard this claim at Mullingar on 26th February 2016
Representation:
Claimant: Mr Anthony Traynor, 33 Lower Churchtown Road,
Churchtown, Dublin 14
Respondent: No appearance or representation by or on behalf of the respondent.
The determination of the Tribunal was as follows:-
This implementation came before the Tribunal by way of a Rights Commissioner Decision (reference: r-083950-ud-09/POB).
As 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 Tribunal is satisfied that the recommendation of the Rights Commissioner made under Section 7 of the Unfair Dismissals Acts, 1977 to 2007 has not been carried out by the employer and it is further satisfied that the prescribed time limit for bringing an appeal against the recommendation has expired and no such appeal has been brought
Accordingly the Tribunal orders that the Rights Commissioner’s Recommendation (reference: r-083950-ud-09) to make an award of €10,000 to the claimant under the Unfair Dismissals Acts, 1977 to 2007 be implemented upon receipt of this determination.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)