UD368/2013, PW180/2013, WT53/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                 CASE NO.

Ballinalard Transport Limited                                                                         UD368/2013

                                                                                                                        PW180/2013

                                                - Appellant                                                    WT53/2013

against the recommendation of the Rights Commissioner in the case of:

Miklos Viola

                                                - Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

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 14^th October 2014 

Representation:

Appellant:       Not Present Or Represented

Respondent:   Mr. John Kane, SIPTU, Liberty Hall, Eden Quay, Dublin 1    

This case came before the Tribunal by way of the appellant (the employer) appealing against the recommendation of the Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 (ref. r-120189-ud-12/GC), the Payment of Wages Act 1991 (ref. r-120191-pw-12/GC) and the Organisation of Working Time Act, 1997 (ref. r-120190-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 Unfair Dismissals Acts, 1977 to 2007 (ref. r-120189-ud-12/GC)- €2,000.00

the Payment of Wages Act 1991 (ref. r-120191-pw-12/GC) – €1,266.00

the Organisation of Working Time Act, 1997 (ref. r-120190-wt-12/GC) - €1,000.00

The appellant (employer) appealed all three decisions to the Employment Appeals Tribunal on the 27^th March 2013.

Determination:

The Tribunal is satisfied that the appellant was properly notified of the time, date and location of the hearing. Neither they nor a representative on their behalf were present on the day of the hearing to prosecute the appeals.

Accordingly, the appeals under the Unfair Dismissals Acts 1977 to 2007, the Payment of Wages Act, 1991 and the Organisation of Working Time Act, 1997 are dismissed for failure to prosecute.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)