EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Clara Cusack UD230/2015
for implementation of the recommendation of the Rights Commissioner
in the case of:
Frank O'Neill T/A D1 And D2 Hairdressing
and
Frank O'Neill T/A D1 And D2 Hairdressing
Under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms S. McNally
Members: Mr D. Hegarty
Mr J. Flavin
heard this claim at Cork on 17th February 2016
Representation:
_______________
Claimant: O'Leary, Carter & Co, Strand Street, Kanturk, Co Cork
Respondent: Michael Martin, St Michael Street, Tipperary Town
This case came to the Tribunal as an appeal for implementation of Rights Commissioner Recommendation r-143197-ud-14 under the Unfair Dismissals Acts, 1977 to 2007, by which the appellant was awarded the sum of €1,000.00 (one thousand euro).
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.”
Accordingly, the Tribunal makes a determination to the like effect as Right Commissioner Recommendation ref: r-108424-ud-11/GC that the respondent pay 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)