EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE - appellant
against the recommendation of the Rights Commissioner in the case of:
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr J. Horan
Mr. S. O'Donnell
heard this appeal at Dublin on 10th January 2014
Appellant(s) : Mr. Blazej Nowak, Polish Consultancy Enterprise, 107 Amiens
Street, Dublin 1
Respondent(s) : No appearance by or on behalf of respondent
This case came before the Tribunal by way of an appeal by the employee (appellant) against the recommendation of the Rights Commissioner (r-076740-te-09/MMG & 076742-pw-09/MMG) under the Terms of Employment Information Act 1994 and 2001 and the Payment of Wages Act 1991.
The Tribunal is satisfied that both parties were properly notified of the hearing.
The appeal under the Payment of Wages Act 1991 was withdrawn by the appellant’s representative at the outset of the hearing.
The Tribunal is satisfied based on the uncontested evidence of the appellant that he was not provided with a statement in writing containing the terms of his employment pursuant to section 3 of the Terms of Employment (Information) Act. Accordingly, pursuant to section 7 (2) (d) of the said Act the Tribunal upsets the determination of the Rights Commissioner and awards compensation to the appellant in the sum of €100.00. The Tribunal finds that this sum is just and equitable having regard to all the circumstances.
Sealed with the Seal of the
Employment Appeals Tribunal