TE31/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

TE31/2014

APPEAL OF:                                                                                                          

Irina Valukevica          

- Appellant

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

Donnelly Fruit & Veg

- Respondent

under

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. N. O’Carroll Kelly B.L.

Members:     Mr J. Horan

                     Mr. T. Brady

heard this appeal at Dublin on 7^th May 2015 and 5^th December 2016

Representation:

Appellant :      Katarina Valiukevic, 57 Forest Field Road, River Valley, Swords, Co. Dublin

Respondent:    Mr. Laurence Masterson BL instructed by: Conor O’Toole, Solicitors, Moorefield Business Centre, Moorefield, Newbridge, Co. Kildare

This case came before the Tribunal by way of an appeal by a former employee against a recommendation by a Rights’ Commissioner reference: r-137726-te-13/EH.

This case was heard in conjunction with UD139/2014 and both orders should be read in tandem.

The decision of the Tribunal was as follows:

Background:

The appellant was employed as a Pack House Worker from the 17^th March 2008 to the 16^th December 2013 and was paid a weekly wages of €321.32. She made a claim to the Rights Commissioners under the Terms of Employment (Information) Act, 1994 and 2001 claiming she had not received a written contract of employment within two months of the commencement of her employment and sought compensation.

The Rights Commissioner found in the appellant’s favour and awarded her the sum of €600.00. The appellant appealed the quantum of the compensation award in this decision to the Employment Appeals Tribunal.

Determination:

This case was heard in conjunction with an unfair dismissals claim the appellant submitted against the respondent. During this two day hearing no sworn evidence or submissions were adduced in relation to the appellant appeal under the Terms of Employment (Information) Act, 1994 to 20014.

Accordingly, the appeal fails and the Rights Commissioner’s Recommendation stands.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)