EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE - appellant
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 Elva Kearney BL
Members: Mr T. Gill
Ms H. Henry
heard this appeal at Galway, on 3rd October 2013.
Claimant: In person
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-118015-ud-11.
There was no appearance by or on behalf of the respondent. The Tribunal is satisfied that the respondent was duly notified of the hearing.
The Division of the Tribunal was in situ since 2 pm on the day. The appellant arrived early for the hearing of her case at 2.30 pm and notified the secretary to the Division that she had arrived. She was directed to the waiting area situated close to the hearing room. The secretary to the Division was informed by a receptionist in the hotel that the respondent arrived shortly before the appointed hearing time and was directed to the hearing room on the first floor. The respondent did not attend at the hearing room. He subsequently returned to the reception area and told the receptionist at approximately 2.32 pm that he had to leave as there appeared to be no Division of the Tribunal present.
The Division of the Tribunal waited until 3 pm and then proceeded to hear the case.
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-118015-ud-11 that the respondent pays the appellant the sum of €15,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal