FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BOHERGAR CONSTRUCTION LTD - AND - ADAM WOLSKI (REPRESENTED BY IWU) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner’s Decision r-077644-wt-09/MH.
BACKGROUND:
2. This case concerns an appeal by the Worker of Rights Commissioner's Decisionr-077644-wt-09/MH.The Worker was employed by the Company from 7th November 2006 to 31st October 2008.The Worker referred a case of alleged infringements of the Organisation of Working Time Act, 1997, to a Rights Commissioner for investigation and a hearing was arranged for 15th July, 2009. The Worker did not attend the Rights Commissioner hearing. On 23rd September, 2009, the Rights Commissioner issued the following Decision:
- "The complaints fail due to lack of prosecution."
The Worker appealed this Decision to the Labour Court on 29th October, 2009, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 30th June, 2010.
DETERMINATION:
This is an appeal by the Union on behalf of the Worker of a Rights Commissioner’s Recommendation which found that as he did not attend the hearing it failed for lack of prosecution. The Union had put forward two claims under the Organisation of Working Time Act, 1997, claiming that the employer was in breach of Sections 14 and 19 of the Act.
At the Labour Court hearing of the appeal the Union accepted that the Worker had received a Sunday Premium and had received his full entitlement to annual leave and accordingly accepted that there was no valid claim under the Act.
For the above reasons the Court does not find that the employer was in breach of Sections 14 or 19 of the Act and rejects the Union’s appeal.
The Decision of the Rights Commissioner is varied accordingly.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th July, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.