EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
TE14/2015
APPEAL(S) OF:
Vitalij Pacikin - appellant
against the recommendation of the Rights Commissioner in the case of:
Shay Murtagh (Precast) Limited - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr P. Pierson
Mr P. Trehy
heard this appeal at Mullingar on 27th October 2015
Representation:
Appellant(s) :
Mr. Richard Grogan, Richard Grogan & Associates, Solicitors, 16 & 17 College Green, Dublin 2
Respondent(s) : Mr Gerard Groarke B.L. instructed by Ms Lucy Boyle, Tormeys, Solicitors, Castle Street & Connolly Street, Athlone, Co Westmeath
The decision of the Tribunal was as follows:-
Determination
This case came before the Tribunal by way of the employee appealing the recommendation of the Rights Commissioner under the Terms of Employment (Information) Act 1994 to 2012 reference R-143052-TE-14/SR.
The Tribunal having considered the submissions by both parties in this case is satisfied that the employer although providing the employee with a contract of employment failed to comply with the mandatory requirements as provided in section 3 of the act.
The appeal under the Terms of Employment (Information) Act 1994 to 2012 succeeds and the Tribunal awards the appellant the sum of €360.00 compensation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)