FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DAN MCMONAGLE (MCMONAGLE STONE) - AND - SERGEY KUDRYASHOV DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Decision R-042593-Wt-06/TB.
BACKGROUND:
2. The case is in relation to wages and holiday pay. The worker, who is Russian, was not in Ireland at the time of the Rights Commissioner's hearing. As a result the Rights Commissioner's decision was as follows:
"The complaint fails for want of prosecution."
The worker appealed the decision to the Labour Court on the 3rd of October, 2006, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 20th of June, 2007, in Donegal. The worker did not attend the hearing and it is believed that he returned to Russia in early 2007. The Company produced a letter from the worker, witnessed by a fellow employee, in which he accepted and signed for a cheque for €4,396.01 in full and final settlement of monies owed to him by the Company. The following is the Court's determination:
DETERMINATION:
In the absence of the claimant, no evidence was presented on his behalf. The appeal fails, accordingly, for lack of prosecution. The Court upholds the Rights Commissioner's decision and so determines.
Signed on behalf of the Labour Court
Raymond McGee
9th July, 2007______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.