FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 29(1), SAFETY, HEALTH AND WELFARE AT WORK ACT, 2005 PARTIES : BITE SNACK FOODS LTD - AND - MARTIN O'TOOLE (REPRESENTED BY CLONDALIKN CITIZENS' INFORMATION CENTRE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal against a Rights Commissioner's Decision r-127777-hs-12/EH.
BACKGROUND:
2. A Rights Commissioner hearing took place on the 12thApril 2013, and a Decision was issued on the 15thMay 2013.
The Employer appealed the Decision of the Rights Commissioner to the Labour Court on the 21stJune 2013. A Labour Court hearing took place on the 27thAugust 2013.
DETERMINATION:
This is an appeal by Bite Snack Foods Limited against the Decision of a Rights Commissioner in a claim made by Mr Martin O’Toole that he was penalised within the meaning of Section 27 of the Safety Health and Welfare at Work Act 2005 (the Act).
In this Determination the parties are referred to as they were at first instance. Hence, Mr. O’Toole is referred to as “the Complainant” and Bite Snack Foods Limited is referred to as “the Respondent”.
The Complainant’s complaint was investigated by a Rights Commissioner who found it to be well-founded and ordered the Respondent to pay the Complainant the sum of €1,750 in compensation within six weeks of the date of the Decision.
Prior to the hearing the Respondent notified the Court that it would not be attending to move the appeal. Therefore the appeal is struck out for want of prosecution and the Court upholds the Decision of the Rights Commissioner.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
2nd September, 2013.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.