FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MOR OIL LTD (REPRESENTED BY ALASTAIR PURDY & CO., SOLICITORS) - AND - MONIRUL ISLAM (REPRESENTED BY CL�ONA BOLAND, B.L., INSTRUCTED BY GREG NOLAN, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No. r-157083-wt-15.
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 13th January 2017, in accordance with Section 28 (1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 27 March 2018.The following is the Determination of the Court:-
DETERMINATION:
Mr Monirul Islam brought a complaint before a Rights Commissioner/Adjudication Officer pursuant to the Organisation of Working Time Act 1997 (the Act) alleging a breach by his employer M�r Oil Limited of Sections 11, 21 and 26 of the Act.The Adjudication Officer found in his favour in respect of a breach of Section 11 of the Act and awarded him the sum of €500.00 in compensation for that breach and he also held in his favour in respect of a breach of Section 21 of the Act and awarded the sum of €500.00 in respect of that breach. The Rights Commissioner/Adjudication Officer found that his complaint under Section 26 of the Act was not well-founded.M�r Oil Limited appealed the decisions which held in favour of the Complainant.
For ease of reference the parties are referred to as they were at first instance. Hence Mr Islam is referred to as "the Complainant" and M�r Oil Limited is referred to as "the Respondent". The Complainant submitted the claim under the Act on 26thJuly 2015. The Rights Commissioner/Adjudication Officer heard the case (along with a number of other claims made by the Complainant) on 26thAugust and 21stOctober 2015. The Rights Commissioner's /Adjudication Officer’s decision was issued on 5thDecember 2016. The Respondent’s appeal was received by the Court on 13thJanuary 2017.
At the hearing of the appeal before the Court on 27thMarch 2018, the Respondent informed the Court that it no longer wished to pursue its appeal as it was conceding the claims the subject of the appeal.
Determination
On the basis that the Respondent has conceded the Complainant’s claims the subject of the appeal under the Act, the Court upholds the Rights Commissioner's/Adjudication Officer’s Decision to award the Complainant the sum of €500.00 in compensation for the breach of Section 12 of the Act and the sum of €500.00 in respect of the breach of Section 21 of the Act.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th April, 2018.______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.