EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
David Houlihan TE115/2015
for implementation of the recommendation of the Rights Commissioner in the case of:
Fang Yuan Ltd
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. J. O'Neill
Mr C. Ryan
heard this appeal at Dublin on 10th February 2016
Representation:
Appellant : Mr Rory de Bruir B L, Doyle & Co, 1 Main Street, Blanchardstown, Dublin 15
Respondent : Williams Solicitors, 29/30 Dame St, Dublin 2
The decision of the Tribunal was as follows:-
Section 8 (6) (a) of the Terms of Employment (information) Act reads as follows
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 is satisfied that in this case the respondent neither complied with this recommendation nor appealed its decision within the stipulated time allowed. Therefore, the Tribunal orders that the recommendation be implemented and for the respondent to make a payment €650.00 to the appellant under the above Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)