EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Vadim Capatina TE120/2015
-first named Appellant WT238/2015
Sergiu Mardari TE121/2015
-second named Appellant WT237/2015
for implementation of the recommendation of the Rights Commissioner
in the case of:
Vadim Capatina
Sergiu Mardari
-v-
Mancini's Famili Diner
-Respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey B.L.
Members: Mr. J. Goulding
Mr. F. Barry
heard this appeal at Dublin on 16th September 2016
Representation:
Appellant:
Respondent:
Background:
These are appeals for implementation of a Right’s Commissioner’s Recommendations dated 28th September 2015,
For the first named Appellant: Ref: r-142877-te-14JW, Ref: r-142876-te-14JW.
For the second named Appellant: Ref: r-142877-te-14JW, Ref: r-142876-te-14JW.
Determination:
The Tribunal, is satisfied that the Recommendations of the Rights Commissioner made under section 7 of the Terms of Employment Act 1994 to 2001 has not been carried out by the employer in accordance with its terms or at all and it is further satisfied that the prescribed six-week time limit for bringing an appeal against the Recommendations has expired and no such appeal has been brought. Accordingly, the Tribunal makes a determination to like effect as the Rights Commissioner’s recommendations that the respondent pays the first named appellant ref: TE120/2015, €950.00, and the second named Appellant, ref: TE121/2015, €720.00, under the Terms of Employment (Information) Act, 1994 and 2001.
Under the Organisation of Working Time Act, 1997, the Tribunal awards the First named appellant ref: WT238/2015, €2,470.00, and the second named Appellant, ref: WT237/2015, €1,080.00
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)