FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JUNO'S COFFEE SHOP LIMITED T/A EAST VILLAGE COFFEE - AND - BARTOSZ KOZLOWSKI DIVISION : Chairman: Mr Haugh Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No. ADJ-00010628 CA-00014060-003.
BACKGROUND:
2. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 15 May 2018 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 5 July 2018. The following is the Decision of the Court ;
DETERMINATION:
This matter came before the Court by way of an appeal brought on behalf of Juno’s Coffee Shop Limited (‘the Respondent’) against a Decision of an Adjudication Officer (ADJ-000010628/CA-00014060-003, dated 4 April 2018) under the Organisation of Working Time Act 1997 (‘the Act’).
The Adjudication Officer decided that Mr Bartosz Kozlowski (‘the Complainant’) should receive compensation of €1,000.00 for the Respondent’s alleged failure to ensure that the Complainant received daily rest breaks in accordance with Section 12 of the Act.
The Respondent’s Notice of Appeal was received by the Court on 15 May 2018. The Court heard the appeal on 5 July 2018 in Dublin. The Respondent was represented by Mr Jonathan Barr. The Complainant, although notified of the Respondent’s appeal, did not provide the Court with an advance written submission nor did he attend at the hearing of the appeal.
Decision
As the Complainant did not attend at the scheduled hearing of the within appeal – having been notified in the usual way by the Court of the time and date thereof – the Respondent’s appeal was uncontested and accordingly succeeds.
The Decision of the Adjudication Officer is, therefore, set aside.
The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
LS______________________
13 July 2018Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.