FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FOUR STAR PIZZA - AND - WAQAR SAEED KHAN DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal against a Rights Commissioner’s Decision No. R-092665-WT-10/DI.
BACKGROUND:
2. The Worker concerned was employed as a Pizza Delivery Driver by the Company from 25th June 2009 to 3rd September 2009.
The Worker contends that he was subsequently required to carry out a full range of other duties, that he worked 35 hours per week and was paid
€5.00 per hour plus €1.50 for each delivery.
The Worker referred a claim to a Rights Commissioner for investigation of the Employer's alleged failure to provide him with his entitlement to rest breaks.
The Employer failed to attend the Rights Commissioner's hearing and the Rights Commissioner found in favour of the Worker requiring the Employer to pay the Worker €750.00 in compensation for being in breach of s.12 of the Organisation of Working Time Act, 1997.
The Company appealed the Decision of the Rights Commission to the Labour Court on the 14th January 2011, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997.
A Labour Court hearing took place on the 28th June 2011.
The Company failed to attend the hearing.
DETERMINATION:
The Respondent, Four Star Pizza Kilmainham, appealed the decision of the Rights Commissioner to the Labour Court pursuant to Section 28(1) of the Organisation of Working Time Act, 1977.
The Respondent did not attend the Labour Court to move the appeal.
Accordingly the Appeal was struck out for want of prosecution.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
29th June 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.