DWT1715

FULL RECOMMENDATION

WTC/17/16

DETERMINATIONNO.DWT1715

ADJ-00000391 CA-00000415-002/003/004/009 CA-00000415-005

SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997

PARTIES :

MARYROSE LYONS

- AND -

ARIANNE BAGGOTT
(REPRESENTED BY MIGRANT RIGHTS CENTRE IRELAND)

DIVISION :

Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr McCarthy

SUBJECT:
1. Appeal of Adjudication Officer's Decisions

BACKGROUND:

2. The Employer appealed the Decisions of the Adjudicator to the Labour Court. A Labour Court hearing took place on 14th June, 2017. The Employer was not present and was not represented at the hearing. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Ms Maryrose Lyons against decisions of the Adjudicator which are listed as follows

Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000
CA-00000415-001
23/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00000415-002
23/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00000415-003
23/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00000415-004
23/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
CA-00000415-005
23/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
CA-00000415-008
23/10/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00000415-009
23/10/2015

By decision dated 21 December 2016 the Adjudication Officer decided that the Complaints were well founded and awarded the Complainant compensation in the sum of €3,050.80 in accordance with the relevant Acts.

The Respondent appealed against that decision to this Court on 10 February which was outside the statutory time limit for bringing an appeal under the Act. However the Court has a discretion to extend the time beyond the 42 day time limit where exceptional circumstances prevented the filing of an appeal on time.

The Court arranged to hear the appeal including any submissions for an extension of time for bringing the appeal beyond the 42 day statutory time limit. That hearing took place on 14 June 2017.

When the case was called the Appellant neither appeared nor was represented in Court. Accordingly the Court dismissed the appeal.

Determination

The appeal is dismissed. The Decision of the Adjudication Officer is affirmed. The Court so determines.

Signed on behalf of the Labour Court

Brendan Hayes
6th July 2017______________________
SCDeputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.