FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 17(1), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 PARTIES : BEACON ORTHOPAEDICS LTD (REPRESENTED BY ADVOKAT COMPLIANCE LIMITED) - AND - PATRICIA REID (REPRESENTED BY EMPLOYMENT MATTERS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appealing against a Rights Commissioner's Decision r-111540-pt-11/JT
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on the 11th June, 2012. A Labour Court hearing took place on the 28th September, 2012. The following is the Labour Court's Determination:-
DETERMINATION:
The case comes before the Court by way of an appeal under Section 17 of the Protection of Employees (Part-Time Work) Act 2001, (“the Act”) by Ms Patricia Reid (“the Complainant”) against a Decision of the Rights Commissioner under Section 9 of the Act. The Rights Commissioner did not find in favour of the Complainant’s complaints. The Complainant appealed the Decision of the Rights Commissioner.
The appeal hearing was scheduled for Friday 28thSeptember 2012. By written correspondence to the Court on the morning of the appeal hearing the Complainant indicated that she would not be attending the hearing and would not be represented before the Court.
In such circumstances the Court could not proceed to hear 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
CR______________________
8th October 2012Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.