FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BALLINALARD TRANSPORT LTD - AND - MR GABOR UTI DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision097997-wt-10/GC.
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) against Rights Commissioner's Decision097997-wt-10/GC,issued on the 31st August, 2011.
The case came for hearing on the 6th March, 2013. Mr Gabor Uti (the Complainant) did not attend the Hearing. The Respondent submitted documents to the Court in support of its submission that it complied with all of the provisions of the Act that the Rights Commissioner found it had infringed in respect of the Complainant.
Based on the uncontroverted evidence before it the Court finds that the Complaints are not well founded and sets aside the Decision of the Rights Commissioner. 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.