FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KAVANAGH CLEANING & VALETING LIMITED (IN LIQUIDATION). - AND - ROBERT GOMULKA DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appealing against a Rights Commissioner's Decision r-106416-wt-11/MMG.
BACKGROUND:
2. 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 on the 30th December, 2011. The Court heard the appeal on the 4th December, 2012, the earliest date suitable to the parties.
DETERMINATION:
This matter came before the Court by way of an appeal by Kavanagh Cleaning & Valeting Limited against the Decision of a Rights Commissioner in a claim by Robert Gomulka under the Organisation of Working Time Act 1997. The Company was wrongly described in the Decision of the Rights Commissioner as Kavanagh Cleaning Services Limited.
At the hearing of the appeal the Court was told that the Respondent Company is in liquidation. The liquidator did not appear before the Court and was not represented. In these circumstances the appeal was not moved and it is struck-out.
The Decision of the Rights Commissioner is affirmed subject to the name of the Respondent being amended to read Kavanagh Cleaning & Valeting Limited (in Liquidation).
Signed on behalf of the Labour Court
Kevin Duffy
9th January, 2013______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.