FULL RECOMMENDATION
SECTION 28(1); ORGANISATION OF WORKING TIME ACT; 1997 PARTIES : MCR PERSONNEL LIMITED (REPRESENTED BY WARREN PARKES SOLICITORS) - AND - ROMAN CZECHOWICZ (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision wt-101802/10/MR.
BACKGROUND:
2. The Employee 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 17th February, 2012. The Court heard the appeal on the 8th June, 2012.
DETERMINATION:
The matter came before the Court by way of an appeal by Roman Czechowicz (the Claimant). The Claimant alleged that the Respondent contravened a number of provisions of the Act. The Rights Commissioner found that the claims were well founded in part. He awarded the Claimant compensation in the amount of €5,000. The Claimant appealed against the whole of the Rights Commissioner's Decision. The Respondent denied that it had contravened the Act in the manner alleged or at all.
The case came on for hearing before the Court on 8th June 2012. At the commencement of the hearing the representative of the Claimant told the Court that she had been informed that the Claimant had been admitted to hospital on the previous day and could not attend the hearing. No medical or other evidence was available to confirm the nature or extent of the Claimant's indisposition.
The Court adjourned the matter to allow for the production of medical confirmation of the Claimant's indisposition. The Court directed that this confirmation be furnished to it and the solicitors acting for the Respondent. No such confirmation was received.
All issues of fact and law have been reopened and the appeal is a de novo hearing of the case in its totality. Since the Claimant was not available to give evidence in support of his claims, and as no satisfactory explanation for his absence was furnished, the Court finds that his complaints are not well founded.
Determination
The within complaints are dismissed and the Decision of the Rights Commissioner is set aside.
Signed on behalf of the Labour Court
Kevin Duffy
17th September, 2012______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.