EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1136/2015
CLAIM(S) OF:
Joseph Day
-claimant
for implementation of the recommendation of the Rights Commissioner
in the case of:
Joseph Day
v
Derek Mayne T/A Cook & Serve -respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr. J. O'Neill
Mr. M. O'Reilly
heard this claim at Dublin on 24th August 2016
Representation:
Claimant: Francis B. Taaffe & Co., Solicitors, Edmund Rice Square, Athy, Co Kildare
Respondent: In person
Background:
This implementation came before the Tribunal by way of a Rights Commissioner Decision, reference: r-146308-ud-14/DI.
The claimant’s representative informed the Tribunal that the sum awarded has not been paid to the claimant nor has the above-mentioned Recommendation been appealed.
Determination:
As 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.”
The Tribunal is satisfied that the recommendation of the Rights Commissioner made under Section 7 of the Unfair Dismissals Acts, 1977 to 2007 has not been carried out by the employer and it is further satisfied that the prescribed time limit for bringing an appeal against the recommendation has expired and no such appeal has been brought.
Accordingly the Tribunal orders that the Rights Commissioner’s Recommendation (reference: : r-146308-ud-14/DI to make an award of €9,360 to the claimant under the Unfair Dismissals Acts, 1977 to 2007 be implemented upon receipt of this determination
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)