DWT13132

SUBJECT:
1. Appeal against a Rights Commissioner’s Decision r-126899-wt-12JOC.


BACKGROUND:

2. A Rights Commissioner hearing took place on the 26^thNovember 2012 and a Decision was issued on the 23^rdJanuary 2013.

The Worker appealed the Decision of the Rights Commissioner to the Labour Court on the 5^thMarch 2013 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 11^thSeptember 2013.

DETERMINATION:

The appeal before the Court was made on behalf of the employer against a Rights Commissioner’s Decision which found in favour of the Complainant’s complaint pursuant to Section 27 of the Organisation of Working Time Act 1997. The Rights Commissioner awarded the sum of €1,300.00 to the Complainant in respect of the employer’s breach of the Act.

The Company was advised of the time and place for the hearing of their appeal, however, the employer failed to attend and was not represented. In an email to the Court dated 10^thSeptember 2013 the Company’s representative advised the Court that it was no longer on record for the Company and would not be attending the hearing.

In these circumstances the appeal is dismissed for lack of prosecution.

The Court upholds the Rights Commissioner's Decision and so determines.



Signed on behalf of the Labour Court



Caroline Jenkinson
CR______________________
25th September, 2013.Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.