DWT2432

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00039756 (ADJ-00037872 CA-00049042-005)

BACKGROUND:

The Worker appealed the Adjudication Officer's Decision to the Labour Court on the 17 November 2023. A Labour Court Hearing took place on the 31 October 2024. 

The following is the Labour Court's Decision:

DECISION:

This is an appeal by Kieff Bosse against decision ADJ-00037872- CA00049042--005 of an Adjudication Officer in his complaints against his then employer Hendrick Hotel. The complaint was made pursuant to a contravention of the Organisation of Working Time Act 1997 (the Act). In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, Kieff Bosse is referred to as the Complainant and Hendrick Hotel is referred to as the Respondent.

This claim was lodged with the WRC on the 25th February 2022. The cognisable period for the purpose of the Act is 26th August 2021 to the 25th February 2022. There are two linked claims:  ADE/23/132 and UD/23/137.

 Preliminary issue

The Complainant’s complaint was that he was penalised contrary to section 26 (5) for carrying out a protected act as defined in section 26 (1) of the act. The Complainant in his submission to the Court had not addressed this complaint. At the commencement of the hearing the Court provided the Complainant with a copy of the relevant section of the Act and took a break to allow the Complainant to consider same, with a view to articulating his complaint when the Court resumed.

On resumption the Complainant informed the Court that he had not carried out a protected Act as defined by section 26(1) of the Act and that he had not been penalised as defined by section 26 (5) of the act.

The Respondent informed the Court they were happy to take their written submission indicating that the Complainant had not identified a breach of the Act, to be taken as read.

Decision

 As the Complainant accepts that he did not carry out a protected act and that he was not penalised as defined by the Act his complaint must fail.

The Complainants appeal fails. The Decision of the Adjudication Officer is upheld.

 The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
26th November 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.