FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BRAKE BROTHERS FOOD SERVICES IRELAND LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MR LUKASZ ZAGROBELSKI DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioners Decision R-108791-Wt-11 JOC.
BACKGROUND:
2. The case before the Court concerns a Worker's appeal of a Rights Commissioner's Decision. The dispute relates specifically to the Worker's claim that during the course of his employment the Employer breached several sections of the Organisation of Working Time Act, 1997. The matter was referred to a Rights Commissioner for investigation and Decision. The Rights Commissioner found that no breach of the Act had occurred and found in favour of the Employer.
The Worker 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 27th February, 2012. The Court heard the appeal on the 22nd June, 2012, the earliest date suitable to the parties.
DETERMINATION:
This is an appeal of a Rights Commissioner's Decision made pursuant to the Organisation of Working Time Act 1997. The Rights Commissioner found that the claims were not well-founded and therefore the claims failed. The Worker appealed the Rights Commissioner's Decision to the Court.
The Appellant was advised of the time, date and place for the hearing of his appeal, however, he failed to attend and was not represented.
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
Signed on behalf of the Labour Court
Caroline Jenkinson
27th June 2012______________________
CRDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.