FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SETHBEAL LIMITED - AND - BARBARA KLEBEKO DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal against a Rights Commissioner's Decision r-141198-wt-14/MMG.
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 27th August, 2014. The Court sat to hear the appeal on the 15th October, 2014.
The Employer was in attendance at the hearing of the appeal to present their case to the Court. The Complainant was not present in Court to move her appeal.
DETERMINATION:
Ms Barbara Klebeko (the Claimant) appealed from a Decision of a Rights Commissioner which dismissed her claim against Sethbeal Limited (the Respondent) under the Organisation of Working Time Act, 1997, as the Claimant failed to appear on two occasions when hearings were arranged before the Rights Commissioner.
The Claimant was advised on 3rdSeptember 2014 of the time and place for the hearing of her appeal. The Court received a letter on 18thSeptember 2014 from the Claimant requesting an adjournment of the hearing and indicating to the Court that she had sought the consent of the Respondent to her request.
The Court informed the Claimant on 25thSeptember 2014 that she should contact the Court when she received a response from the Respondent to her request for an adjournment. No further communication was received from the Claimant by the Court. The Respondent informed the Court that it had declined her request due to its business requirements and due to the fact that she had not been present at the two previous hearings.
In such circumstances and on the basis that the Claimant failed to attend at the hearing of the appeal before the Court, the Court determines that appeal is dismissed for want of prosecution.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th October, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.