FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BROWN SUGAR COFFEE HOUSES LIMITED - AND - ESTEFANIA JIMENEZ DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of a Rights Commissioner's Decision r-053790-wt-07/MMG
BACKGROUND:
2. The Employee presented a complaint for alleged breaches of the Organisation of Working Time Act before a Rights Commissioner who found in her favour and awarded her the sum of €1,750.00 in compensation.
The Employer appealed the Rights Commissioner’s Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 3th March 2009. The Court heard the appeal on the 22nd March 2011, however, neither of the parties turned up for the hearing. The Employer did issue a fax to the Court which indicated that the Company was beginning a liquidation process.
DETERMINATION:
The appeal before the Court was made on behalf of the Company against a Rights Commissioner’s Decision which found in favour of the Complainant’s complaint pursuant to Sections 12, 14 and 23 of the Organisation of Working Time Act, 1997. The Rights Commissioner awarded the sum of €1,750.00 to the Complainant in respect of the Employer’s breaches of the Act.
By faxed letter on 19th March 2011, the Company advised the Court that it was the subject of Liquidation proceedings. Neither side turned up for the hearing of the appeal.
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
14th April, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.