FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : EAST COAST RECYCLING LIMITED - AND - JURIJS KOLESNIKS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal against a Rights Commissioner's Decision No.R-071886-WT-08/MMG.
BACKGROUND:
2. The Worker concerned commenced employment as a Yard Worker with the Company on the 2nd April 2007. His employment ceased on the 18th August 2008.
The Worker sought redress from the Rights Commissioner for alleged breaches of the Organisation of Working Time Act, 1997, by the Employer. The Worker claimed that he regularly worked in excess of 48 hours per week.
The Rights Commissioner issued his determination on the 5th November 2009 in which he found in favour of the Worker. In his Determination he stated:-
"It is my decision that the Claimant should be afforded a compensatory award of
€5,000 for the breaches under the auspices of the Organisation of Working Time Act, 1997."
The Employer appealed the Determination of the Rights Commissioner to the Labour Court on the 14th December, 2009, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 14th October 2010.
The Employer did not attend the Labour Court hearing.
DETERMINATION:
The appeal before the Court was made on behalf of the Employer against a Rights Commissioner decision which found in favour of the Complainant’s complaint pursuant to Section 27 of the Organisation of Working Time Act, 1997. The Rights Commissioner awarded the sum of €5,000 to the Complainant in respect of the Employer’s breach of the Act.
The Company was advised of the time and place for the hearing of their appeal, however, the Employer failed to attend and was not represented. In a letter to the Court dated 12th October 2010, the Company’s legal representative advised the Court that the Company was no longer trading and he had no instructions on the matter.
In these circumstances the appeal is dismissed for lack of prosecution.
The Court upholds the Rights Commissioner's decision and so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th October, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.