FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SOUTHEAST VEGETABLES PRODUCERS LTD (REPRESENTED BY PENINSILA BUSINESS SERVICES (IRELAND) LIMITED) - AND - SERGEJS UDALOUS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. A double appeal against a Rights Commissioner's Decision r-111424-wt-11/MMG
BACKGROUND:
2. Both the Employer and the Worker referred this case to the Labour Court, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.The following is the Determination of the Court:
DETERMINATION:
This appeal arises from a decision of a Rights Commissioner who awarded the Claimant, Mr Sergejs Udalovs, compensation in the amount of €5,000 against his former employer, Southeast Vegetables Producers Ltd (the Respondent) in respect of various breaches of the Organisation of Working Time Act 1997.
The Respondent brought an appeal against the totality of the Rights Commissioner’s decision. The Claimant cross appealed against the quantum of the award.
At the commencement of the hearing the Claimant withdrew his appeal. The Respondent’s appeal proceed on the question of quantum only
Having taken full account of the submissions advanced by the parties the Court finds no reason to interfere with the decision of the Rights Commissioner.
Accordingly the appeal is disallowed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
30th January, 2013Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.