FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : FINGAL LEADER PARTNERSHIP COMPANY LIMITED - AND - CARMEL RAMSEY DIVISION : Chairman: Mr Haugh Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision No r-147098-pw-14/RG.
BACKGROUND:
2. This is an appeal of a Rights Commissioner's Decision No: r-147098-pw-14/RG made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 6th January, 2016 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal lodged by Fingal Leader Partnership Company Limited (“the Appellant”) against a Rights Commissioner’s decision – r-147098-pw-14/RG. The Rights Commissioner’s decision is dated 28 September 2015; the notice of appeal was received by the Court on 9 November 2015.
The Rights Commissioner upheld the Complainant’s claim pursuant to section 6 of the Payment of Wages Act 1991 and awarded her compensation of €6,032.00.
Both the Appellant and the Respondent were notified in writing (by letter dated 23 November 2015) of the date fixed by the Court for the hearing of this appeal. The notification sent to the Appellant was addressed to its registered office at Abco Kovex House, Swords Business Park, Swords, Co. Dublin.
By letter dated 21 December 2015, the Appellant requested a postponement of the hearing of the appeal for stated reasons. This request was considered and declined. The Appellant was notified by letter dated 30 December 2015 that a postponement of the hearing would not be granted.
The Court sat to hear the appeal as scheduled on 6 January 2016. The Respondent was present at the hearing but the Appellant failed to appear to prosecute its appeal. In the circumstances, therefore, the appeal fails for want of prosecution and the award made by the Rights Commissioner stands.
The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
CO'R______________________
25th January, 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.