FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DALA PROPERTY MANAGEMENT LIMITED - AND - JOANNE SAUNDERS DIVISION : Chairman: Mr Flood Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Decision WT14536/03/TB.
BACKGROUND:
2. The worker concerned was employed by the Company from October, 2001 until January, 2003. On termination of employment the worker did not receive any holidays or holiday pay.
The claim was referred to a Rights Commissioner for investigation. His decision issued on the 5th of November, 2003, in which he found that the worker concerned has a valid claim and awarded her €300 in respect of holiday pay.
The Company appealed the decision to the Labour Court on the 2nd of December, 2003, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997.
A Labour Court hearing took place on the 16th of April, 2004. The employer failed to attend.
The following is the Labour Court determination:
DETERMINATION:
The Employer, the appellant, did not attend the hearing to process his appeal.
The appeal, therefore, fails and the Determination No. DWT043 issued by the Court dated 14th January, 2004, stands.
Signed on behalf of the Labour Court
Finbarr Flood
10th May, 2004______________________
MG/MB.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.