FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KENNELLY'S IMAGE SERVICES (REPRESENTED BY MURPHY RAMSAY WALSH SOLICITORS) - AND - BARBARA CHUDZINSKA DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appealing against a Rights Commissioner’s Decision r-084925-wt-09/POB.
BACKGROUND:
2. Kennelly's Image Services appealed Rights Commissioner’s Decision r-084925-wt-09/POB to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 8th April, 2010. The Court heard the appeal on the 23rd February, 2012, the earliest date suitable to the parties.
DETERMINATION:
Kennelly's Image Services (the “Appellant”) has brought this appeal pursuant to Section 28(1) of the Organisation of Working Time Act 1997 against Decision r-084925-wt-09/POB of the Rights Commissioner made on 31st March 2010.
The Rights Commissioner decided that a complaint from Ms Barbara Chudzinska (the “Respondent”) that, contrary to the provisions of the Act, she was not paid for public holidays in 2008 and that she was not paid holiday for 16 days holiday entitlement in 2009, was well founded and awarded her the sum of €1,200 compensation to be paid within four weeks of the date of the Decision.
By notice dated 6thApril 2010 the Appellant appealed the Decision of the Rights Commissioner to the Labour Court.
A hearing into the appeal was arranged for Wednesday 23rdFebruary 2012.
The Appellant did not attend nor was represented in Court to present the appeal. The Respondent was in attendance at the hearing.
Determination
The Court strikes out the appeal and affirms the Decision of the Rights Commissioner.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
4th April, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.