FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GATEWAY TRANSPORT LTD - AND - PIOTR SMOLKA DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of a Rights Commissioner's Decision R-097667-WT-10/EH.
BACKGROUND:
2. The case before the Court concerns the Worker’s appeal of a Rights Commissoner’s decision. The Worker alleged that the Employer breached several sections of the Organisation of Working Time Act, 1997 and he did not receive his proper entitlements in respect of holiday pay, rest periods and notice periods. The matter was referred to a Rights Commissioner for investigation and recommendation. The Worker failed to attend the Rights Commissioner hearing and as no case was presented, the claim failed for want of prosecution. Such was the Rights Commissioner's Decision.
On the 28th February, 2011 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. The Court heard the appeal on the 7th March, 2012, the earliest date suitable to the parties.
DETERMINATION:
The claim before the Rights Commissioner pursuant to the Organisation of Working Time Act 1997 failed for lack of prosecution. The Complainant appealed the Decision to this Court. Prior to the hearing of the appeal the Appellant’s legal representative Mr Richard Grogan, Richard Grogan & Associates, Solicitors, informed the Court that he was no longer representing the Appellant.
The Appellant failed to attend the appeal hearing before the Court to move the appeal.
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
Caroline Jenkinson
21st March 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.