FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DAR GOLF CONSTRUCTION LIMITED. - AND - RIMANTS VARNECKS (REPRESENTED BY SEAN ORMONDE & CO., SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appealing against a Rights Commissioner's Decision r-121503-wt-12/JT.
BACKGROUND:
2. The Employee 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 28th January, 2013.
The Court sat to hear the appeal on the 18th September, 2013.
DETERMINATION:
The case before the Court was an appeal by the worker against a Decision of a Rights Commissioner under the Organisation of Working Time Act 1997 (the Act) which found that his claim was out of time and that accordingly he had no jurisdiction to hear the case.
On the day of the hearing the Court was informed by the Solicitors' office representing the Appellant that the Appellant was out of the country and was withdrawing the appeal under the Act. Neither the Appellant nor his representative was present in Court for the hearing of the appeal.
In these circumstances the appeal is dismissed for lack of prosecution.
The Court upholds the Decision of the Rights Commissioner.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th September, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.