TE184/2012

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

TE184/2012

APPEAL(S) OF:                                                                                                         

Inna Kovalska                     

(appellant)    

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

Othello Guest Houses Limited

(respondent)

under

TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms O. Madden B.L.

Members:       Mr J. Goulding

                       Mr C. Ryan

heard this appeal at Dublin on 25th November 2016

Representation:

_______________

Appellant(s) :              Mr Billy Wall, Operative Plasterers & Allied Trades', Society Of Ireland, 9/13 Blackhall Place, Dublin 7

Respondent(s) :           In person

The decision of the Tribunal was as follows:

The Parties came before the Tribunal on an employee appeal from a decision of the Rights Commissioner under the Terms of Employment (Information) Act 1994 to 2012 (r-119782-te-11/JT refers). A Right Commissioner correcting order was submitted on the day of hearing amending the respondent name as stated above.

The appellant was employed by the respondent from 20^th May 2011 until 6^th January 2012. She was not given a statement outlining her terms of employment as required under section 3(1) of the Terms of Employment (Information) Act 1994 to 2012. The respondent accepted that the appellant was not given a statement as per the Act. The Rights Commissioner award of €100 was paid by the respondent but was not cashed by the appellant as a higher award was being sought in this instance.

Determination

After considering the evidence adduced the Tribunal varies the Rights Commissioner decision and awards the appellant €200 under the Terms of Employment (Information) Act 1994 to 2012 .

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)