FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : THE CITY BIN COMPANY LTD - AND - MR TOMASZ KWIATKOWSKI DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioners Decision No: r-113314-wt-11/EH
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner's Decision No: r-113314-wt-11/EH. The issue concerns the workers assertions that he did not receive adequate rest beaks as provided for by the Organisation of Working Time Act, 1997. He further contends that he often worked in excess of 48 hours per week in contravention of the provisions of the Act. The matter was referred to a Rights Commissioner for investigation. His Decision issued on the 6th December 2011 and awarded the worker €600 in compensation. On the 17th January 2012, the worker appealed the Rights Commissioner's Decision in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 12th April, 2012.
The worker was notified of the time and date of the hearing but failed to attend.
The following is the Court's Determination:
DETERMINATION:
This is an appeal by Mr Thomas Kwiatkowski of a Rights Commissioner’s Decision dated 6thDecember 2011 under the Organisation of Working Time Act 1997, in which the Rights Commissioner found in his favour in part only and awarded him compensation of €600.
The Appellant failed to attend the appeal hearing before the Court to move the appeal. The Respondent informed the Court at the hearing of the appeal that the sum of €600 had been paid to the Appellant by cheque and the cheque had been cashed.
Therefore, the Court determines that 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
25th April 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.