Kviecinskas v Solo Service Group Ltd

• Jurisdiction: Ireland
• Judgment Date: 16 September 2016
• Judgment citation (vLex): [2016] 9 JIEC 1607
• Date: 16 September 2016
• Docket Number: TE11/2016,UD11/2016
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD11/2016

TE11/2016

CLAIMS OF:

Stasys Kviecinskas

Claimant

and

for implementation of the recommendation of the Rights Commissioner in the case of:

Solo Service Group Limited

Respondent

Representation:

Claimant: Ms M. Moran solicitor, Richard Grogan & Associates, Solicitors, 16 & 17 College Green, Dublin 2

Respondent: No representation listed

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 M. Levey B.L.

Members: Mr. J. Goulding

Mr. F. Barry

heard this appeal at Dublin on 16th September 2016

Determination:

1 Section 7 (4) (a) of the Unfair Dismissals Act, 1977 to 2007, states:

2 "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."

3 Accordingly, the Tribunal makes a determination to the like effect as the Rights Commissioner Recommendation r-151431-ud-14/DI that the Respondent / employer re-instate the Claimant in his previous role from the date his employment was terminated on 08 ^th August 2014 and the Respondent / employer to compensate the Claimant for loss of earnings from 08 ^th August to the date his re-instatement is implemented, under the Unfair Dismissals Acts, 1977 to 2007.

4 The Tribunal, is satisfied that the recommendation of the Rights Commissioner made under section 7 of the Terms of Employment Act 1994 to 2001 has not been carried out by the employer/respondent in accordance with its terms or at all and it is further...