FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DDT FUELS LIMITED TRADING AS ECON FUELS (DISSOLVED) - AND - PETER CULLEN RALEIGH (REPRESENTED BY GALLENALLIANCE SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appealing against a Rights Commissioner's Decision r-112258-wt-11/MMG
BACKGROUND:
2. The Employer appealed the Rights Commissioner’s Decision dated 13th December, 2012 to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 28th January 2013. The Court heard the appeal on the 30th April, 2013.The following is the Court's Determination:-
DETERMINATION:
DDT Fuels Limited trading as Econ Fuelsappealed the Decision of the Rights Commissioner under the Organisation of Working Time Act, 1997, which awarded the Complainant the sum of €2,500 in respect of the breaches of the Act.
The Employer failed to attend the hearing of this appeal before the Labour Court.
Mr Robert Jacob, Gallenalliance, Solicitors, on behalf of the Complainant, stated that DDT Fuels Limited trading as Econ Fuels had been struck off the Companies Register on 14thJanuary 2013 and dissolved on 22ndJanuary 2013 and consequently has no legal status.
The Company was advised of the time and place for the hearing of its appeal, however, the Employer failed to attend, was not represented and furnished no details in respect of its current legal status.
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
14th June, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.