FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : HEADWAY SECURITY - AND - PADRAIG RYAN DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appealing against a Rights Commissioner's Decision R-059672-wt-07/RG.
BACKGROUND:
2. The Worker referred a claim to a Rights Commissioner for investigation and failed to attend the Rights Commissioner hearing. The Rights Commissione's decision was that the complaint failed for lack of prosecution.
The Worker appealed the Rights Commissioner's decision to the Labour Court on the 16th June 2008 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997.
A Labour Court hearing took place on the 5th September 2008. The Worker failed to attend.
DETERMINATION:
Mr Ryan (the Claimant) appealed from a decision of a Rights Commissioner which dismissed his claim against Headway Security Limited (the Respondent) under the Organisation of Working Time Act, 1997. The Claimant failed to appear at the hearing before the Rights Commissioner.
The Claimant was advised of the time and place for the hearing of his appeal. He failed to attend at the hearing. In these circumstances the appeal is dismissed for want of prosecution.
Signed on behalf of the Labour Court
Kevin Duffy
16th September, 2008______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.