FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GLANTRANS INTERNATINAL CARRIERS LTD - AND - DAWID CYMER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appealing against a Rights Commissioner's Decision r-121032-wt-12/JW.
BACKGROUND:
2. A Rights Commissioner hearing took place on the 13th July 2012 and a Decision was issued on the 22nd August 2012.
The Employer appealed the Decision of the Rights Commissioner to the Labour Court on the 10th September 2012, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 25th April 2013.
DETERMINATION:
This is an appeal by Glantran’s International Carrier Ltd (Respondent) against the decision of a Rights Commissioner in a claim by Dawid Cymer (Claimant) made under the Organisation of Working Time Act 1997. The claim relates to alleged contraventions of sections 14(1), 15(1) 19(1) and 21(1) of the Act.
The Claimant failed to appear at the hearing of the appeal.
The Respondent accepts that it did not maintain records in accordance with s.25 of the Act. Consequently it bears the burden of proving compliance with the Act.
The Respondent did not produce any evidence showing compliance with the provisions of the Act in issue. In these circumstances there is no basis upon which the appeal can be allowed.
The decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
21st May, 2013.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.