FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : M-ORZET LIMITED - AND - ANNA TOTSJONAJA (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal of a Rights Commissioner’s Decision R-072808-WT-08/SR.
BACKGROUND:
2. The Worker concerned was employed by the Company from 5th May 2005 to the 10th November 2008.
In December 2008 the Worker presented a case to the Rights Commissioner in relation to inadequate rest breaks, excessive working hours and a failure by the Employer to provide her with the appropriate annual leave entitlements.
The Rights Commissioner's decision issued on 28th April 2009, in which he found in favour of the Worker and awarded her compensation in the amount of €8,000.00.
The Company appealed the Rights Commissioner's decision to the Labour Court on the 12th May 2009, in accordance with Section 28(1) of the Organisation of Working time Act, 1997.
A Labour Court hearing took place on the 22nd October, 2009. The Employer failed to attend or be represented.
DETERMINATION:
The Claimant made a complaint to a Rights Commissioner alleging various contraventions of the Organisation of Working Time Act 1997 in relation to her by M-Orzet Ltd.
The Rights Commissioner found that the complaints were well founded and awarded the Claimant compensation in the amount of €8,000 by way of redress.
By notice dated 12th May 2009 M-Orzet Ltd, gave notice of appeal from the above decision.
The Respondent/Appellant was advised of the time, date and place of the sitting of the Court at which the appeal was to be heard. The Respondent/Appellant failed to appear at the said sitting of the Court.
Accordingly, since no evidence was proffered in support of the appeal it is the Determination of the Court that the within appeal be dismissed and that the decision of the Rights Commissioner be affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
27th October, 2009______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.