EMPLOYMENT APPEALS TRIBUNAL
APPEALOF: CASE NO.
EMPLOYEE - claimant
for implementation of the recommendation of the Rights Commissioner
in the case of:
EMPLOYER - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. McAveety
Members: Mr D. Moore
Mr J. Moore
heard this claim at Longford on 8th November 2013.
Appellant: Kilrane O’Callaghan & Co., Solicitors, Ballaghaderreen, Co. Roscommon
Respondent: No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
This case came before the Tribunal where the appellant was seeking implementation of the Rights Commissioner Recommendation under the Unfair Dismissals Acts, 1977 to 2007 reference r-101065-ud-10/SR
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.”
Accordingly, the Tribunal makes a determination to the like effect as Rights Commissioner Recommendation r-101065-ud-10/SR that the respondent pays the appellant the sum of €9,500.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal