EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Errin Brown UD401/15
appellant
for implementation of the recommendations of the Rights Commissioner
in the case of:
Platform 5 Café Ltd. - -- respondent
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P.Clancy
Members: Mr. D. Hegarty
Mr. F. Dorgan
heard this appeal at Limerick on 13th April 2016.
Representation:
Appellant: In person
Respondent: No appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:
This case came before the Tribunal where the appellant was seeking implementation of the Rights Commissioner Recommendation under the Unfair Dismissals Acts, 1977 to 2007 reference r-148678-ud-14.
Determination:
There was no appearance by or on behalf of the respondent company. The Tribunal was satisfied that it had been properly put on notice of the hearing.
Section 7 (4) (a) of the Unfair Dismissals Act, 1977 to 2007 states:
“Where a recommendation of a rights commissioner in relation to a claim for redress 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 claim before the Tribunal and the Tribunal shall, notwithstanding subsection (5) of this section, 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 as Rights Commissioner Recommendation r-148678-ud-14 that the respondent pays the appellant the sum of €8,500.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)