FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : OKINARA LTD (REPRESENTED BY MCDERMOTT CREED & MARTYN SOLICITORS) - AND - FIONA MONN� DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of a Rights Commissioner's Decision R-097390-WT-10.
BACKGROUND:
2. The case before the Court concerns the Employer's appeal of a Rights Commissioner's decision. The Worker was previously employed by the Company as a sales assistant from November 2007 to July 2010. The Worker alleges that during the course of her employment, the Employer breached several sections of the Organisation of Working Time Act, 1997 and she did not receive her proper entitlements in respect of rest breaks, annual leave and public holidays. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 11th March 2011, the Rights Commissioner issued his Decision as follows:
"Based on the uncontested evidence adduced at the hearing I find the complaint is well founded and hereby require the respondent to pay the claimant €3,500 (say three thousand five hundred euro inclusive of the amounts payable in the operative period of complaint) in compensation".
On the 13th April, 2011 the Employer 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 appeal before the Court was made by the employer against a Rights Commissioner decision which found in favour of the Complainant’s complaint pursuant to Section 27 of the Organisation of Working Time Act, 1997. The Rights Commissioner awarded the sum of €3,500 to the Complainant in respect of the employer’s breach of the Act.
The Company was advised of the time and place for the hearing of their appeal, however, the employer failed to attend and was not represented. In a telephone call to the Court days prior to the hearing, the Company’s legal representative advised the Court that the Company was no longer trading and he had no instructions on the matter. The proposition that the Company was no longer trading was disputed by the Complainant.
In these circumstances, the appeal is dismissed for lack of prosecution.
The Court upholds the Rights Commissioner's decision and 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.