FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MONSOON VALLEY - AND - SURINDER SINGH DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal against Rights Commissioner’s Decision r-064164-wt-08/SR.
BACKGROUND:
2. The Respondent appealed the Rights Commissioner's Decision to the Labour Court on 23rd August, 2010. A Labour Court Hearing took place on 28th September, 2011. The following is the Labour Court's Decision:
DETERMINATION:
This matter came before the Court in the following circumstances. The Claimant brought a complaint before a Rights Commissioner under the Organisation of Working Time Act 1997 against "Monsoon Valley Restaurant". Three individuals attended before the Rights Commissioner and it appears that the case proceeded on the basis that those individuals were the Claimant's employer. The Rights Commissioner upheld the Claimant's complaint and made an order for compensation which, on its face, is directed against "Monsoon Valley".
The three individuals who attended before the Rights Commissioner subsequently instructed solicitors who brought the within appeal. The only point taken in the appeal is that the named individuals were not the Claimant's employer.
"Monsoon Valley" is a business name registered under the Business Names Act 1963. None of the named individuals are registered owners of the business name. It is also clear that the decision of the Rights Commissioner was not made against the individuals who instituted this appeal. A business name is not a legal entity and can neither sue nor be sued.
In this circumstances this appeal is entirely misconceived and it is struck out.
Signed on behalf of the Labour Court
Kevin Duffy
11th October, 2011______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.