EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Alpenberg Limited – appellant TE153/2014
Ricardo Mutia – respondent
against the recommendation of the Rights Commissioner in the case of:
Ricardo Mutia
v
Alpenberg Limited T/A Hush Brasserie
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. O'Leary B L
Members: Mr T. O'Grady
Mr J. Jordan
heard this appeal at Dublin on 29th January 2016
Representation:
_______________
Appellant(s) : Company Director
Respondent(s): No appearance or representation
This case came before the Tribunal by way of an employer appealing the recommendation of a Rights Commissioner under the Terms of Employment (Information) Act, 1994 to 2012, ref: r-139577-te-13/EH.
The decision of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the respondent employee. All registered post sent to the respondent was been returned to the Tribunal marked ‘gone away’. The employer confirmed that the address provided for the employee was that which was provided to the Rights Commissioner. He did not have any other address for the employee and the employee had not been in contact with him since the Rights Commissioner hearing. Also the employee had not sought payment of the Rights Commissioner award of €500.00. The employer had appealed the award as he was not is a position to pay the amount and was appealing the quantum awarded.
Determination:
The Tribunal finds that appealing on the grounds of inability to pay is not a proper ground for appeal and also considers that the award of €500.00 was not excessive. The determination was held for one month in the event that the employee contacted the Tribunal. However, no contact was made. The appeal under the Terms of Employment (Information) Act, 1994 to 2012, ref: r-139577-te-13/EH is dismissed and the Rights Commissioner recommendation stands.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)