FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KAFFE MOKA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal of Rights Commissioner's Decision WT497/00/GF concerning late claim for holiday pay.
BACKGROUND:
2. Kaffe Moka is a coffee house which employs 30/35 people in the catering trade.
The worker concerned was employed by Kaffe Moka from the 8th of January, 1999 to the 15th of April, 1999. On the 1st of March, 2000, he submitted a complaint to a Rights Commissioner in respect of holiday pay for investigation under the Organisation of Working Time Act, 1997. The Rights Commissioner's Findings and Decision are as follows:-
"I have concluded that the claim is out of time and I decide the complaint is not well founded."
The Rights Commissioner's Decision was appealed by the worker to the Labour Court on the 27th of April, 2000 under Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 12th of July, 2000. The worker did not attend the hearing.
DETERMINATION:
The claimant failed to attend the hearing or to make any submission to the Court in support of his appeal.
There is, therefore, no basis on which the Court can do other than affirm the Decision of the Rights Commissioner.
The appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
20th July, 2000______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Fran Brennan, Court Secretary.