FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KAYJAY HOTEL & RESORTS LTD (REPRESENTED BY KAYJAY HOTEL & RESORTS LTD) - AND - JEREMY TILLEY DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Decisions R-045343-Wt-06/TB,
BACKGROUND:
2. This case concerns an appeal of Rights Commissioner's Decision R-045343-Wt-06/TB which was issued on 29th May, 2007. While the Recommendation refers to breaches of several other pieces of legislation, it is only the Decision in relation to the Organisation of Working Time Act, 1997, that is being appealed by the Worker.
The Worker referred his case to the Labour Court on the 18th June, 2007, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 21st November, 2007.
As neither party attended the Court's hearing the following is the Court's Determination.
DETERMINATION:
The Court is satisfied that both the Appellant and the Respondent were appropriately notified of the date, time and place of the sitting of the Court at which this appeal would be heard.
The Appellant failed to attend the hearing to move his appeal and present any evidence. Consequently, in the absence of both parties and any evidence to support the appeal it is the determination of the Court that the appeal be struck out.
Signed on behalf of the Labour Court
Kevin Duffy
24th December, 2007.______________________
JF.Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.