FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BALLINALARD TRANSPORT LTD - AND - ANTONIN BARVIR DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal against Rights Commissioners Decision r-122193-wt-12/GC.
BACKGROUND:
2. The Company and Worker 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 7th and 11th January, 2013 respectively . The Court heard the 'double' appeal on the 19th April 2013, the earliest date suitable to the parties.
DETERMINATION:
This is an appeal under Section 28(1) of the Organisation of Working Time Act, by both the Company and the Worker, against Rights Commissioner Decision Number r-122193-wt-12/GC which was issued on 29th November, 2012.
A preliminary issue arose.
Section 27(4) of the Act states that:-
"A Rights Commissioner shall not entertain a complaint under this Section if it is presented to the Commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates".
In this case the Worker ceased employment on the 10th October 2011. He submitted a complaint to a Rights Commissioner on the 24th April 2012. As the Worker did not work for the Employer in the six month period prior to making the complaint to the Rights Commissioner any infringements of the Act complained of could not have occurred within six months of the date of the contravention to which the complaint relates.
Accordingly, the Court does not have jurisdiction to investigate the complaints raised by the Worker in this case.
Determination
The Court has no Jurisdiction in relation to the complaints made in this case. The Decision of the Rights Commissioner is set aside.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
30th April, 2013.______________________
JF.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.