EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Ludmila Bistricki TU22/2014
– appellant No 1
Natalija Briceva TU23/2014
– appellant No 2
against the recommendation/decision of the Rights Commissioner in the case of:
ISS Ireland Limited
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr F. Moloney
Mr D. Thomas
heard this appeal at Dublin on 15th September 2015
Appellant(s) : Mr. Richard Grogan, Richard Grogan & Associates,
Solicitors, 16 & 17 College Green, Dublin 2
Respondent(s) : Mr Bill Austin, IBEC, 84-86 Lower Baggot Street, Dublin 2.
This case came before the Tribunal by way of an appeal by the employees (appellants) against the recommendation/decision of the Rights Commissioner references (r-133065-tu-13/JW and r-132631-tu-13/JW) under the Protection of Employees on Transfer of Undertakings Regulations 2003, and references (r-133059-te-13/JW and r-132626-te-13/JW) under the Terms of Employment (Information) Act 1994 to 2012.
The Tribunal is satisfied that all parties were properly on notice of the hearing. As there was no appearance by appellant No1 on the day of the hearing her appeals fail for lack of prosecution and the recommendation/decision of the Rights Commissioner in respect of this appellant are upheld.
On the day of the hearing the representative of appellant No 2 withdrew the appeal on her behalf under the Protection of Employees on Transfer of Undertakings Regulations 2003.
It was conceded by the respondent’s employer representative that the incorrect name of the employer was on the original documents provided to appellant No 2. The appellant did not suffer any loss arising from this failure. The Tribunal therefore makes no award in these circumstances under the Terms of Employment (Information) Act 1994 to 2012.
Sealed with the Seal of the
Employment Appeals Tribunal