FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : NURENDALE LTD T/A PANDA WASTE (REPRESENTED BY SHEENA MC DERMOTT SOLICITORS) - AND - MIROSLAW DYMUN (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision R-093895-WT-10/JW.
BACKGROUND:
2. The Worker and 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 1st April, 2011. The Court heard the appeal on the 17th November, 2011, the earliest date suitable to the parties.The Worker was not present and was not represented at the hearing. The following is the Determination of the Court:
DETERMINATION:
The Complainant brought a complaint before a Rights Commissioner pursuant to the Organisation of Working Time Act 1997 (the Act) alleging breaches of Sections 11, 12, 13, 15 and 17. The Rights Commissioner upheld the complaints under section 11, 12, 13 and 15 and made no decision on section 17 and awarded the sum of €2,600.00. The Complainant appealed the quantum of the award decided by the Rights Commissioner, the Employer appealed the decision. At the hearing of the appeals before the Court on 17thNovember 2011 the Employer formally withdrew its appeal.
Neither the Complainant nor any representative of the Complainant turned up for the hearing of the appeals. In his absence, as no evidence was presented on his behalf the Court finds that the Complainant’s appeal fails for lack of prosecution.
The Court upholds the Rights Commissioner's decision and so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th December 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.