FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BALLINALARD TRANSPORT LTD - AND - MR ROBERT BEZDAN DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision097999-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 6th 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 Ltd (the Respondent or the Company) against Rights Commissioner Decision 097999-wt-10/GC issued on the 31stAugust 2011.
The case came on for hearing on the 6thMarch 2013. Robert Bezdan (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 appeal is allowed.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
15th May, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.