FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : EDWARD MC DONALD (REPRESENTED BY JOSEPH P. FARRELL SOLICITORS) - AND - ANTONI KAPUSTA (REPRESENRED BY JOANNA KWIATKOWSKA) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appealing against a Rights Commissioner’s Decision R-080207-Wt-09/JC.
BACKGROUND:
2. The Company appealed a Rights Commissioner's decision to the Labour Court on the 1st June, 2010, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. The decision was as follows:
"The complaint was presented to the Rights Commissioner service on 11th June 2009 and covers the period from 12th December 2008 to date of termination of his employment on 27th March 2009. I am not satisfied that there was reasonable cause for the delay in presentation of the complaint and I am not extending the period covered by the complaint.
On the uncontested evidence of the claimant and in the absence of records I find that the claimant was required to work in excess of an average of 48 hours per week as claimed; that he did not receive all of his appropriate breaks/intervals at work; that he did not receive adequate notice of requirement to work extra hours and that he was not paid for the three public holidays over Christmas 2008/New Year's Day 2009. I declare that the complaint is well founded and I require the respondent to pay the claimant compensation in the amount of €2500 for contraventions of the Act".
A Labour Court hearing took place on the 1st March, 2011, in Kilkenny. The Company did not attend the hearing. The following is the Court's determination:
DETERMINATION:
This is an appeal by the employer of a Rights Commissioner’s Recommendation which found in favour of the claimant’s claim under the Organisation of Working Time Act, 1997. The employer failed to appear before the Court to move the appeal. Therefore, the appeal fails for lack of prosecution and the Rights Commissioner’s Decision stands.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th March, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.