FULL RECOMMENDATION
SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES: FUNFAIR AMUSEMENT MILAN GAMING LIMITED (REPRESENTED BY FUNFAIR AMUSEMENT MILAN GAMING LIMITED) - AND - MS SIU PEK IP DIVISION:
SUBJECT: 1.Appeal of Adjudication Officer Decision No. ADJ-00039274 CA-00050661-001 BACKGROUND: 2.An Adjudication Officer hearing took place on 9th November 2022 and a Decision was issued on 4th January 2023. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 21st March 2023 in accordance with section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 11th May 2023. The following is the Determination of the Court:- DETERMINATION: This matter comes before the Court as an appeal by Siu Pek Ip (the Appellant) of a decision of an Adjudication Officer in her complaint against Funfair Amusement Milan Gaming Ltd (the Respondent) given under the Organisation of working Time Act, 1997. Background The Appellant was notified of the hearing of the within appeal by letter dated 9thMarch 2023. The Court is satisfied that the notification to the Appellant was to the correct address and that the notification was received by the Appellant. On 19thApril 2023 the Appellant made e-mail contact with the Court in response to a communication from the Court seeking clarity as to whether she would require interpretation services at the hearing of the Court. In her e-mail the Appellant stated only “i will not be at the hearing thanks”. The Appellant provided the Court with no written submission in advance of the hearing of the within appeal or at all. Position of the Respondent at the hearing of the Court The Respondent submitted that the within appeal should fall on the basis that the Appellant did not attend the hearing of the Court and consequently could not move her appeal. Discussion and conclusions. The Court is satisfied that the Appellant was properly notified at the address supplied by her of the date, time and place of the hearing of the within appeal. The Appellant failed to attend the hearing of the Court and consequently was unable to move her appeal. The Court concludes that it has no basis to uphold the within appeal. Determination The Court determines that it has no basis to uphold the within appeal. The decision of the Adjudication Officer is affirmed, and the appeal fails. The Court so decides.
NOTE Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary. |
