EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1300/2014
APPEAL(S) OF:
Agnieszka Michalak
against the recommendation of the Rights Commissioner in the case of:
Business Mobile Security Services Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly Bl
Members: Mr T. O'Grady
Mr A. Butler
heard this appeal at Dublin on 21st July 2016
Representation:
Appellant(s) : In person
Respondent(s) : Richard Brophy, Senaca Group, Senaca House, Unit 12m, Toughers Business Pk, Newhall, Naas, Co Kildare
Ms. Roisin Bradley, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner (Ref: r-142829-ud-14/SR)
The case was due to be heard by the Tribunal in May 2016 but was withdrawn on the day with liberty to re-enter. The claimant re-entered her case within the stipulated time.
Preliminary issue
A preliminary issue arose as to whether the Tribunal had jurisdiction to hear this appeal because it was the respondent’s belief that a full and final signed settlement between the two parties was in place and all terms of said agreement had been met. The claimant argued that she had changed her mind after the settlement and contacted the Tribunal regards re-entering the case.
Determination
The Tribunal is satisfied that the parties had an agreed settlement in place. The claimant had a right to representation but waived that right. She also had an independent interpreter to guide her through the process.
The Tribunal is satisfied that the option to re-open a case in this manner is solely to establish that the terms of the settlement have been met. Based on the fact that the respondent did in fact meet all the terms and the claimant simply changed her mind does not give the Tribunal jurisdiction to re-open the case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)