FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SAM DENNIGAN & COMPANY (REPRESENTED BY DONAL T MC AULIFFE & COMPANY) - AND - DIMITRIJIS SPIVAKS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-150781-wt-14/POB.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 24th July, 2015. A Labour Court Hearing took place on 13th November, 2015. The following is the Labour Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal by Dimitrijis Spivaks under s.28 of the Organisation of Working Time Act 1997. That section provides for an appeal to the Court against the decision of a Rights Commissioner given under that Act.
The document purporting to be a decision against which the appeal was taken was issued by the Rights Commissioner on 24thJuly 2015. It is headed by reference to the Organisation of Working Time Act 1997 and contains a reference number referable to that Act. It records that a complaint under the Act was heard by the Rights Commissioner on 20thMay 2015. It goes on to record the names of those who attended the hearing.
Under the heading “Background” the following appears: -
- The claimant contends that he did not receive any written terms and conditions of employment in contravention of the Terms of Employment Act 1994[sic]
It then goes to provide: -
- Decision
As there was insufficient evidence produced at the Hearing to justify the claim I find the claim now well founded.
The document upon which the appeal is founded could not be construed as a decision of a Rights Commissioner under section 27 of the Organisation of Working Time Act 1997. While the document is headed by reference to the Organisation of Working Time Act 1997 it does not contain any decision under that Act. Rather, it appears to relate to a complaint under the Terms of Employment (Information) Act 1994.
The Court jurisdiction under the Act of 1997 is founded on a decision of a Rights Commissioner. In order to constitute a decision the Rights Commissioner must find that the Act was or was not contravened. As there is no such decision in this case the Court has no jurisdiction to entertain the within appeal.
Signed on behalf of the Labour Court
Kevin Duffy
17th November, 2015______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.