FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TAKE AWAY ROOSTER - AND - ZOJA ISCERJAKOWA DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal Of A Rights Commissioner's Decision R-084350-Wt-09/Eh
BACKGROUND:
2. The Worker appealed the Rights Commissioner’s Decision to the Labour Court on 29th January, 2010, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The Court heard the appeal on the 24th June, 2010.
DETERMINATION:
The Claimant brought a complaint before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) on 29th September 2009. The Rights Commissioner held that the complaint was out of date and consequently he has no jurisdiction to hear the complaint. The Claimant appealed the Decision of the Rights Commissioner.
The Claimant’s employment commenced with the Company on 20th February 2003 and terminated on 8th June 2007.
Section 27(4) of the Act allows for complaints to be presented within 6 months of the alleged contravention and section 27 (5) provides for an extension of that limit by a further 12 months where reasonable cause has been shown for the Claimant’s failure to present the complaint within that time limit.
Section 27(5) of the Act provides as follows: -
- “Notwithstanding subsection (4) a Rights Commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (4) (but not later than 12 months of such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause”.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th July, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.