EMPLOYMENT APPEALS TRIBUNAL
for implementation of the recommendation of the Rights Commissioner
in the case of:
Mmen Transport Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr T. O'Grady
Mr A. Butler
heard this claim at Dublin on 1st July 2016
Claimant(s) : Mr David Higgins, Berwick Solicitors, Galway
Respondent(s) : There was no appearance by or on behalf of the respondent
The implementation came before the Tribunal by way of a Rights Commissioner’s decision (references: r-150788-ud-14/JT and r-149547-wt-14). The application for implementation under the Organisation of Working Time Act 1997 was withdrawn.
Accordingly the Tribunal makes an order to the like effect as the recommendation. The Tribunal awards €12,000 to the appellant under the Unfair Dismissals Acts, 1977 To 2007.
The claimant stated that the sum awarded has not been paid to him, nor has the above-mentioned recommendation been appealed.
As Section 7 (4) (a) of the Unfair Dismissals Act, 1977 to 2007, states:
“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 is satisfied that the recommendation of the Rights Commissioner made under Section 7 of the Unfair Dismissals Acts, 1977 to 2007 has not been carried out by the employer and it is further satisfied that the prescribed time limit for bringing an appeal against the recommendation has expired and no such appeal has been brought
Accordingly the Tribunal orders that the Rights Commissioner’s Recommendation (reference: r-150788-ud-14/JT) to make an award of €12,000 to the claimant under the Unfair Dismissals Acts, 1977 to 2007 be implemented upon receipt of this determination
Sealed with the Seal of the
Employment Appeals Tribunal