FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 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. Appeal of Decision of a Rights Commissioner r-121947-mw-11/MMG
BACKGROUND:
2. The Employer appealed a Rights Commissioner's Decision dated 13th December, 2012 to the Labour Court on the 22nd January 2013, in accordance with Section 27(1) of the National Minimum Wage Act, 2000. The Labour Court heard the appeal on the 30th April, 2013. The following is the Determination of the Court:-
DETERMINATION:
DDT Fuels Limited trading as Econ Fuelsappealed the Decision of the Rights Commissioner under the National Minimum Wage Act, 2000, which awarded the Complainant the sum of €393.90 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.