EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Dariusz Nowak TE134/2014
-Appellant
Jacek Urbast TE141/2014
-Appellant
for implementation of the recommendation of the Rights Commissioner
in the case of:
Dariusz Nowak -Appellant
&
Jacek Urbast -Appellant
V
Unicorn Homes Limited (In Receivership)
-Respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. J. Goulding
Mr. F. Barry
heard this appeal at Dublin on 17th December 2015
Representation:
Appellant: Mr. Blazej Nowak,
Polish Consultancy Enterprise, 107 Amiens Street, Dublin 1
Respondent: Mr. Aidan Murphy, Crowe Horwath, Marine House,
Clanwilliam Court, Dublin 2
Determination:
These cases are before the Tribunal by way of Implementation of a Rights Commissioner Recommendations.
“Section 8-
( 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.”
Accordingly the Tribunal makes a Determination to the like effect of the Rights Commissioner Recommendation under the Terms of Employment Information Act 1994 to 2001, ref: TE134/2014, in awarding the Appellant the sum of €1,000.00. The appeal ref: r TE141/2014 was withdrawn.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)