FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : CARROLL FREIGHT TULLOW LTD (REPRESENTED BY MORRISSEY AND CO SOLICITORS) - AND - PETRAS NARBUTAS DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No r-156555-te-15/MH
BACKGROUND:
2. This is an appeal under section 8(1) of the Terms of Employment Act by Carroll Freight Tullow Ltd against a decision of the Rights Commissioner.A Labour Court Hearing took place on the 5th of April 2016. The following is the Court's Determination.
DETERMINATION:
This is an appeal under section 8(1) of the Terms of Employment Act by Carroll Freight Tullow Ltd (the respondent/appellant) against a decision of the Rights Commissioner. ref r-156555-te-15/MH issued on 28 September 2015. The Rights Commissioner decided that a complaint by Mr Petras Narbutas (the complainant) on his uncontested evidence in the absence of the respondent, that the respondent had not provided him with written terms and conditions of employment in breach of s.3 of the Act was well founded and awarded him compensation in the sum of €2,000. The respondent appealed against that decision to this Court on 5 November 2015. The case came on for hearing on 5 April 2016.
When the case was called the complainant was not present and no evidence of an infringement of the Act was presented to the Court. The respondent told the Court that it wished to proceed with its appeal and asked the Court to set aside the decision of the Rights Commissioner.
Findings of the Court
As the Complainant was neither present nor represented in Court, his solicitors having notified the Court that day that it had come off record, there was no evidence that the Respondent had infringed the Act in respect of the Complainant. Accordingly the Court found that the Complaint was not well-founded and set aside the decision of the Rights Commissioner.
Determination
The Court determines that the Complaint is not well-founded. The decision of the Rights Commissioner is set aside. The appeal is upheld.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
12th May 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.