EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Molokela Modiba UD1612/2014
against the recommendation of the Rights Commissioner in the case of:
3 Ireland Retail (Hutchinson) Ire Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr E. Murray
Members: Mr D. Hegarty
Mr O. Wills
heard this appeal at Cork on 15th February 2016
Appellant: In person
Respondent: Ms Claire Hellen, IBEC, Confederation House, 84-86 Lr
Baggot Street, Dublin 2
This matter came before the Tribunal by way of an appeal against the decision of the Rights Commissioner (r-141172-ud-13/JT) made on the 23rd September 2014. The Rights Commissioner felt that he did not have jurisdiction to hear the case. The Tribunal finds that there was no issue with regard to jurisdiction and that the Tribunal has jurisdiction to hear the appeal.
The evidence in this case is that the appellant lacked the necessary authorisation under the provisions on the Employment Permits Act 2003 and consequently was ineligible to be employed by the respondent company. The respondent company gave the appellant ample opportunity to produce the necessary permit but he failed to do so and in the circumstances they had no option but to terminate his employment.
The Tribunal is satisfied in all the circumstances that the respondent acted fairly and reasonably in this instance and that the dismissal was justified in all the circumstances. The Tribunal therefore varies the decision of the Rights Commissioner and the appeal fails.
Sealed with the Seal of the
Employment Appeals Tribunal