UD1523/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                            CASE NO.

David Moyosola                                                                                                     UD1523/2014

against the recommendation of the Rights Commissioner in the case of:

Senaca EU

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr C. Corcoran B.L.

Members:     Mr W. Power

                     Mr F. Keoghan

heard this appeal at Dublin on 4th December 2015

Representation:

Appellant: The appellant in person

Respondent: Ms. Roisin Bradley, IBEC, Confederation House,

                     84/86 Lower Baggot Street, Dublin 2

This case came before the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner Ref: r-138425-ud-13/EH.

Preliminary issue:

The Tribunal was asked by the respondent to consider a preliminary matter in respect of the appellant’s appeal. The respondent issued a cheque to the appellant on 17^th October 2014 in respect of the Rights Commissioner’s decision. The appellant accepted and cashed the cheque for €4,500.00 but also lodged an appeal with the Tribunal on 17^th October 2014.

It was the respondent’s position that in accepting the award of €4,500.00 the appellant accepted the ruling of the Rights Commissioner and therefore the Tribunal could not hear an appeal on the matter. The respondent also held that if the Tribunal were to decide to proceed with hearing the appeal that the appellant would first have to return the sum of €4,500.00 to the respondent.

It was the appellant’s position that he had cashed the cheque believing that this was part of his compensation. The appellant told the Tribunal that he was not in a position to repay the €4,500.00.

Determination:

Having carefully considered the submissions of the appellant and the respondent the Tribunal finds that the appellant is estopped from taking an appeal to the Tribunal and therefore the Tribunal refuses jurisdiction to hear this appeal.

The Tribunal is satisfied that the appellant accepted payment of the award made by the Rights Commissioner and therefore acquiesced to the decision of the Rights Commissioner.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)