FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BALLINALARD TRANSPORT LIMITED - AND - JANUSZ KORUS (REPRESENTED BY BUSINESS & COMMERCIAL SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-118141-wt-11/JOC.
BACKGROUND:
2. The Company appealed the Rights Commissioner's Decision to the Labour Court. A Labour Court hearing took place on the 7th March, 2013. The following is the Labour Court's decision.
DETERMINATION:
This is an appeal under Section 28(1) of the Organisation of Working Time Act, 1997, by Ballinalard Transport Limited (the Company) againstRights Commissioner's Decision r-118141-wt-11/JOC, issued on the 11th July, 2012.
The case came for hearing on the 7th March, 2013. The Company did not attend the Hearing, or make any submissions or submit any evidence to the Court in support of the appeal. Accordingly, the appeal fails.
The Court upholds the Decision of the Rights Commissioner and orders the Company to pay the Complainant compensation in the sum of €4,000. The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
14th May, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.