EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD20/2016
RP217/2015
MN263/2015
CLAIM(S) OF:
Claudia Raynor
for implementation of the recommendation of the Rights Commissioner
in the case of:
Hatton Goldsmiths International Limited
under
UNFAIR DISMISSALS ACT, 1977 TO 2015
REDUNDANCY PAYMENTS ACTS 1967 TO 2014
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. MacCarthy SC
Members: Mr. E. Handley
Ms. M. Maher
heard this case in Dublin on 10 February 2017
Representation:
Claimant(s):
In Person
Respondent(s):
No attendance or representation
The determination of the Tribunal was as follows:-
The appellant told the Tribunal that she had brought successful claims to a Rights Commissioner/Adjudication Officer in respect of payment of wages, organisation of working time and unfair dismissal. She also brought to the Tribunal complaints relating to redundancy and minimum notice. She told the Tribunal that she wanted a €8,600.00 unfair dismissal award (r-156904-ud-15/JT) implemented as there had been no appeal or payment. She agreed when the Tribunal asked if they could treat her redundancy and minimum notice claims as withdrawn.
No evidence was proffered by or on behalf of the respondent.
Determination:
Section 7 (4) (a) of the Unfair Dismissals Acts, 1977 to 1993, 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 recommendation r-156904-ud-15/JT and orders that an employer payment of €8,600.00 be made to the appellant under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)