FULL RECOMMENDATION
SECTION 19, EUROPEAN COMMUNITIES (ROAD TRANSPORT) (ORGANISATION OF WORKING TIME OF PERSONS PERFORMING MOBILE ROAD TRANSPORT ACTIVITIES) REGULATIONS, 2012 - 2015 PARTIES : EDDIE STOBART T/A STOBART (IRELAND) DRIVER SERVICES LTD (REPRESENTED BY PURDY FITZGERALD SOLICITORS) - AND - JURIS STEPANCEVS DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No. ADJ-00002931.
BACKGROUND:
2. The employee appealed the decision of an Adjudicator to the Labour Court on the 7 March 2017. A Labour Court hearing took place on 14 November 2017. The following is the Determination of the Court:
DETERMINATION:
The matter comes before the Labour Court under section 44 of the Workplace Relations Act 2015.
Background
Mr Juris Stepancevs (the Complainant) in this case alleges that Eddie Stobard T/A Stobart (Ireland) Driver Services Limited (the Respondent) infringed his entitlements under various regulations of the European Communities (Road Transport) Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 – 2015 (the Regulations).
The matter was first considered by an Adjudication Officer who, in decision reference number ADJ-00002931 issued on 26 January 2017, decided that the complaints were not well founded. The Complainant appealed against that decision to this Court on 1 March 2017.
The matter first came before this Court on 20 April 2017. The matter was adjourned on that occasion to allow for the preparation of further and better submissions by both parties to complaint.
The matter came before the Court again on 14 November 2017.
When the case was called on that date the Complainant/Appellant was neither present nor represented in Court. No explanation for the Complainant’s absence was outlined to the Court. Accordingly the appeal was not moved and no evidence in support of the Complaints was presented to the Court.
The Respondent was both present and represented in Court and ready to proceed to full hearing of the matter.
The Court accordingly dismissed the appeal and affirmed the decision of the Adjudication Officer.
Determination
The Court dismisses the appeal and affirms the decision of the Adjudication Officer.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
22 November 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.