FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MRPR CONSTRUCTION LTD - AND - MR MARK BOLTON DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Decision No: r-067172-wt-08/EOS
BACKGROUND:
2. This case concerns an appeal by the employer of Rights Commissioner's Decision r-067172-wt-08/EOS. The case concerns a former employee of the Company who claims to have been owed seven days holiday pay when his employment with the Company ended.
The issue was referred to a Rights Commissioner for investigation. Her Decision issued on the 29th January, 2009, and on the uncontested evidence of the worker found in his favour awarding €1,750.00 in compensation.
On the 19th February 2009 the employer appealed the Rights Commissioner's Decision in accordance with Section 28(1) of the Organisation of Working time Act, 1997.
A Labour Court hearing took place on the 19th May, 2010, in Donegal.
The Employer did not attend the hearing.
DETERMINATION:
This matter came before the Court by way of an appeal by MRPR Ltd (the Respondent) against the decision of a Rights Commissioner in a claim by Mr Mark Bolton (the Claimant) taken under the Organisation of Working Time Act 1997. The claim relates to the alleged failure of the Respondent to provide the Claimant with paid annual leave in accordance with the Act.
The Respondent failed to attend the hearing before the Rights Commissioner. The Rights Commissioner found the Claimant’s complaint well founded and awarded him compensation in the amount of €1,750.
By notice dated 18th February 2010 the Respondent appealed to this Court.
The Respondent was informed of the date time and place at which the Court would sit to determine the appeal. The Respondent failed to attend the hearing of the appeal and was not represented. Accordingly the appeal fails for want of prosecution.
It is the determination of the Court that the decision of the Rights Commissioner be affirmed. The Respondent herein is directed to pay to the Claimant compensation in the amount of €1,750 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
3rd June, 2010.______________________
AH.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.