FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FORCE 10 LIMITED - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation WT95/98.
BACKGROUND:
2. The worker commenced employment with the Company on the 5th of September, 1997, and finished on the 2nd of November, 1997. He was employed on a part-time basis and worked an average of 31 hours per week.
The Company claims that the worker was employed on a temporary basis. He failed to report for work on a number of occasions. Management assumed he had obtained alternative employment.
The worker claims that the Company is in breach of the Organisation of Working Time Act, 1997 and referred the dispute to a Rights Commissioner for investigation. A Rights Commissioner's hearing took place on the 7th of July, 1998. The following is the Rights Commissioner's Recommendation:-
"In accordance with the Act, I hereby decide that the claim fails."
The worker appealed the recommendation to the Labour Court on the 21st of July, 1998, under Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing was held on the 2nd of October, 1998.
The worker failed to attend the Labour Court hearing.
EMPLOYER'S ARGUMENTS:
3. 1. The Company has complied with all the regulations under the terms of the Organisation of Working Time Act, 1997.
2. The worker was employed on a temporary basis. He failed to report for work on a number of occasions.
3. The Company has at all times been fair and reasonable towards the worker.
DETERMINATION:
Having appealed the decision of the Rights Commissioner the claimant failed to attend the hearing to pursue the appeal. On the uncontradicted evidence of the employer the Court finds that there is no basis for the appeal.
The decision of the Rights Commissioner is upheld and the appeal dismissed.
Signed on behalf of the Labour Court
Kevin Duffy
12th October, 1998______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.