EMPLOYMENT APPEALS TRIBUNAL
Jana Kristofova -claimant
for implementation of the recommendation of the Rights Commissioner
in the case of:
Robert O'Neill T/A O'Neill's Sweet Stores -respondent
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr. J. Browne
Ms. S. Kelly
heard this claim at Waterford on 20th October 2016
Claimant: Mr. Robert Jacob, Advokat Compliance Limited, Merrythought House, Templeshannon, Enniscorthy, Co. Wexford
Respondent: There was no appearance or representation on behalf of the respondent.
This implementation came before the Tribunal by way of a Rights Commissioner Recommendation (reference: r-103278-ud-10/JOC).
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.”
As the Rights Commissioner’s recommendations (reference r- r-103278-ud-10/JOC) has not been carried out by the employer, the time for bringing an appeal has expired and no appeal has been brought the Tribunal in applying section 8 (4) of the Unfair Dismissals Act as substituted by section 7 of the 1993 Act, makes a determination to the like effect as the said Rights Commissioner Recommendation r-103278-ud-10/JOC under the Unfair Dismissals Acts, 1977 to 2007, and accordingly orders that the employer pay the employee the sum of €3,820.80.
Sealed with the Seal of the
Employment Appeals Tribunal