FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : EBLANA TRADING SERVICES LTD T/A MAXOL - AND - EAMONN O'CONNOR DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Decision R-031828-MA-04-DI
BACKGROUND:
2. The worker, Mr. Eamonn O'Connor, was employed by the Company in a part-time capacity between June 2002 and September 2004. He claimed that the Company failed to pay him outstanding holiday entitlements on cessation of his employment and subsequently sought compensation of €187.78 in respect of the non-payment of holiday entitlements.
- The worker referred the matter to a Rights Commissioner for investigation and recommendation. The employer did not attend the Rights Commissioner's hearing. His findings and recommendation issued on the 7th April, 2005, as follows:
- “In the absence of any evidence to refute the Claimant's case, I find in his favour and award the claimant compensation of €190”.
On the 10th May, 2005, the employer appealed the Rights Commissioner’s Recommendation to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 13th July, 2005. The Employer did not attend the Labour Court hearing.
DETERMINATION:
By letter dated 10th May, 2005, the employer appealed the decision of the Rights Commissioner. The Court is satisfied that the employer was duly informed of the time, date and place of the sitting of the Court at which the said appeal would be determined. The appellant/employer failed to attend before the Court to prosecute the appeal.
It is the determination of the Court that the appeal be dismissed for want of prosecution and that the decisions of the Rights Commissioner be affirmed. Accordingly the Court directs the employer, Eblana Trading Services Ltd. to pay the claimant Eamonn O'Connor compensation in the amount of €190 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
20th July, 2005______________________
JO'CChairman
NOTE
Enquiries concerning this Determination should be addressed to Joanne O'Connor, Court Secretary.