FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PATRICK JOHN DWANE T/A DWANE TOOL HIRE - AND - EAMONN CARROLL (REPRESENTED BY BLACK & COMPANY SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appealing against a Rights Commissioner’s Decision r-091657-wt-10/JOC.
BACKGROUND:
2. 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 9th November, 2010. The Court heard the appeal on the 29th April, 2011.
DETERMINATION:
The Employer appealed the Rights Commissioner’s Decision, however, he did not present himself at the hearing of the appeal before the Labour Court and was not represented, therefore, the appeals fails for lack of prosecution and the Rights Commissioner’s Decision stands.
Accordingly, the Court upholds the Rights Commissioners Decision that the employer should pay the Complainant the sum of €1,500 for the contravention of the Act found by the Rights Commissioner.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th May, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.