EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE - appellant P10/12
against the decision of the Rights Commissioner in the case of:
EMPLOYER - respondent
MATERNITY PROTECTION ACT 1994 AND 2004
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr M. Gilvarry
Members: Mr. D. Morrison
Ms. A. Moore
heard this appeal at Sligo on 3rd September 2013.
Appellant: In person
Respondent: No appearance by or on behalf of the respondent.
This case came before the Tribunal by way of the appellant (the employer) appealing against the Rights Commissioner Decision ref. (r-120529-pl-12).
The decision of the Tribunal was as follows:-
The Tribunal is satisfied that the respondent was properly notified of the hearing. Neither the respondent nor a representative on her behalf appeared at the hearing.
The Tribunal heard evidence and submissions made by the appellant’s director, who admitted that there had been a breach of the Maternity Protection Act but also stated that it had suited the respondent to remain out of work until March 2011. He told the Tribunal that the respondent had been paid a sum of money in satisfaction of her redundancy claim which was ultimately based on full time hours and he had misfiled the notification of hearing but in any event had understood that all claims had been settled.
Based on the uncontradicted evidence of the appellant the Tribunal varies the decision of the Rights Commissioner under the Maternity Protection Act 1994 and 2004 and reduces the amount of compensation to €1,250.00.
Sealed with the Seal of the
Employment Appeals Tribunal