FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PRL GROUP - AND - PIOTR FURMANCZYK (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer Decision No. R-158117-WT-15/JT
BACKGROUND:
2. The employee appealed the Adjudicator's Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 28 January 2016. The Court heard the appeal on the 2 March 2016, the earliest date suitable to the parties.
DETERMINATION:
This is an appeal by Mr Piotr Furmanczyk against the Adjudication Officer’s Decision r-158117-wt-15/JT, which rejected his claim under the Organisations of Working Time 1997 (“the Act”). Mr Piotr Furmanczyk had submitted a claim under section 17 of the Act against his former employer PRL Group.
The parties are referred to in this Determination as they were at first instance. Hence, Mr Piotr Furmanczyk is referred to as “the Complainant” and PRL Group is referred to as “the Respondent”.
Both the Complainant and the Respondent were notified by letter dated 1stFebruary 2016 of the date fixed by the Court for the hearing of the appeal.
By letter dated 29thFebruary 2016, the Complainant’s legal representative, Mr Richard Grogan, Richard Grogan & Associates, informed the Court that the Complainant would not be attending the hearing on Wednesday 2ndMarch 2016, however, he had no instructions to withdraw the appeals.
The Court sat to hear the appeal as scheduled on 2ndMarch 2016. Mr Grogan was present at the hearing but the Complainant failed to appear to prosecute his appeals. The Respondent was also present at the hearing of the appeal. In the circumstances, therefore, the appeal fails for want of prosecution and the Adjudication Officer’s Decision stands.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
9 March 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.