EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Thomas Talbot WT226/2014
TE124/2014
for implementation of the recommendation of the Rights Commissioner
in the case of:
Thomas
-Appellant
-v-
Willie Fallon Heating & Plumbing Limited T/A Fallon
Heating Solutions
-Respondent
under
ORGANISATION OF WORKING TIME ACT 1997
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. T. Gill
Mr. T. Gill
heard this appeal at Castlebar on 11th February 2016
Representation:
Appellant: Ms Ann Heneghan, Heneghan & Associates,
Calbro Court, Tuam Road, Galway
Respondent: No representation listed
The claimant attended the hearing and confirmed that the recommendation of the Rights Commissioner was not implemented.
The Tribunal orders that the recommendation of the Rights Commissioner now be implemented.
S. 8 of the Terms of Employment Information Act 1994:
( 6 ) ( a ) 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 makes a Determination, ref: TE124/2014, to the like effect as the recommendation of the Rights Commissioner and awards the appellant €1,600.00, as compensation.
Under the Organisation of Working Time Act, 1997 the Tribunal awards the appellant the sum of €1,450.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)