EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Ballinalard Transport Limited PW181/2013
WT54/2013
- Appellant
against the recommendation of the Rights Commissioner in the case of:
Rimantas Kazdailis
- Respondent
under
PAYMENTS OF WAGES ACT, 1991
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Kearney BL
Members: Mr. J. Horan
Ms. S. Kelly
heard this appeal at Clonmel on 14th October 2014
Representation:
Appellant: Not Present Or Represented
Respondent: Not Present Or Represented
This case came before the Tribunal by way of the appellant (the employer) appealing against the recommendation of the Rights Commissioner under the Payment of Wages Act 1991 (ref. r-118316-pw—11/GC and r-120876-pw-12/GC) and the Organisation of Working Time Act, 1997 (ref. r-120879-wt-12/GC).
The determination of the Tribunal was as follows:
Background:
The respondent (employee) in these matters took a number of complaints to the Rights Commissioners under the above named Acts. The Rights Commissioner found in the respondents favour and awarded the following amounts under the various Acts:
the Payment of Wages Act 1991 ((ref. r-118326-pw—11/GC and r-120876-pw-12/GC) – €900.00
the Organisation of Working Time Act, 1997 (ref. r-120190-wt-12/GC) - €3,000.00
The appellant (employer) both decisions to the Employment Appeals Tribunal on the 27th March 2013.
Determination:
The Tribunal are satisfied that the both parties were properly notified of the time, date and location of the hearing. Neither party attended.
As neither the appellant nor a representative on their behalf were present of the day of the hearing to prosecute their appeals.
Accordingly, the appeals under the Payment of Wages Act, 1991 and the Organisation of Working Time Act, 1997 fail and the Rights Commissioner’s decisions stand.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)