FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : THE BELOHN LTD T/A FOLEY'S BAR (REPRESENTED BY PENINSULA BUSINESS SERVICES) - AND - MS MARION MC CANN (REPRESENTED BY ESA CONSULATANTS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Decision R-099909-WT-10/TB.
BACKGROUND:
2. The Employer appealed the Rights Commissioner's Recommendation in accordance withSection 28(1) of the Organisation of Working Time Act, 1997 on the 8th August, 2011. A Labour Court hearing took place on the 30th November, 2011. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by the Belohn Limited t/a Foley's Bar against the decision of a Rights Commissioner in a claim by Ms Marion McCann under the Organisation of Working Time Act, 1997.
The appeal was lodged on the Appellant's behalf by its representative on 8th August, 2011. On 4th October the representative of the parties were informed of the time, date and place of the hearing to consider the appeal.
When the Court sat for the purpose of hearing the appeal neither the Appellant nor its representative appeared.
It is a source of regret that the time and resources of the Court were wasted in this case by the Appellant entering an appeal, having it listed for hearing and failing to prosecute the appeal without explanation.
In these circumstances the Court can only strike out the appeal and affirm the decision of the Rights Commissioner.
The Court so determines.
Signed on behalf of the Labour Court
Kevin Duffy
6th December 2011______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.