EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD410/2014
TE34/2014
CLAIM OF:
Paul Gallagher
for implementation of the recommendation of the Rights Commissioner
in the case of:
Ferry's Refuse Collection Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms E. Daly B.L.
Members: Mr D. Morrison
Ms A. Moore
heard this claim at Letterkenny on 20th October 2015
Representation:
Claimant : Ms Rachel Gallagher, Solicitor, Main Street, Milford, Co Donegal
Respondent : No representation listed
The determination of the Tribunal was as follows:
Section 7 (4) (a) of the Unfair Dismissals Acts reads as follows;
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
The Tribunal satisfied itself that the claimant in this case had neither received payment from the respondent under the above Acts as recommended by a Rights’ Commissioner nor had the respondent appealed those recommendations within the stipulated time allowed.
Accordingly, The Tribunal now determines that the respondent discharge the sum of €7,500.00 to the claimant as recommended by a Rights’ Commissioner under the Unfair Dismissals Acts, 1977 to 2007, and also makes a payment to the claimant of €1,000.00 as recommended under the Terms of Employment (Information) Act, 1994 and 2012.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)