FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JAMES SMYTH T/A SMYTH FENCING (REPRESENTED BY DAITHI STEPHENS) - AND - RUSIANAS ASIRMAMETOVAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against a Rights Commissioner’s Decision R-075024-WT-09/EH.
BACKGROUND:
2. The Worker concerned was employed by the Company from 30th September 2004 to the 31st October 2008.
During his employment the Worker maintains that he did not receive any breaks when he worked overtime and that the Employer failed to properly notify him of overtime as set out in Section17 of the Act.
The claim was referred to a Rights Commissioner for investigation. His decision issued on the 14th July 2009, in which he found that the claim was well founded and required the Employer to pay compensation in the amount of €750.
The Employer appealed the Rights Commissioner's decision to the Labour Court on the 31st August, 2009, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Court hearing took place on the 12th January, 2010, the earliest date suitable to the parties.
The Employer did not attend the hearing.
DETERMINATION:
By notice dated 18th September 2009 James Smyth, trading as Smyth Fencing appealed against the Decision of a Rights Commissioner by which his former employee, Rusianas Asirmametovas, was awarded compensation in the amount of €750 for certain breaches of the Organisation of Working Time Act 1997.
The Appellant was duly advised of the time, date and place at which the Court would hear the appeal. The Appellant failed to appear or be represented at the hearing.
It is the Determination of the Court that the appeal is struck out for want of prosecution. Accordingly the Decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
21st January, 2010______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.