DWT248

SUBJECT:

Appeal of Adjudication Officer Decision No's: R-142948-HS-14/MH (R-142948-WT-14/MH). 

BACKGROUND:

 This case is an appeal of Rights Commissioner's Decision No: R-142948-HS-14/MH (R-142948-WT-14/MH) made pursuant to Section 28(1) of the Organisation of Working Time Act, 1997.  

A Labour Court hearing took place on 21 February 2024. The following is the Court's Decision: 

DECISION:

This matter comes before the Court as an appeal by Madeline Keely Burke (the Appellant) of a decision of a Rights Commissioner given under the Organisation of Working Time Act, 1997 in her complaint against St. James Hospital (the Respondent). 

The Rights Commissioner decided that her complaint was not well founded. 

 The matter came before the Court on 3rd July 2015, at which point the matter was adjourned on the basis that both parties contended that the matters before the Court were founded on the same factual matrix as proceedings in being at another forum. 

 In 2020 the Court set out to the parties that the matters would proceed for hearing and this course of action was objected to by the Appellant’s representative. The Respondent confirmed its agreement to the progression of the appeal at that point. 

 In December 2023 the Appellant’s legal representative indicated that she wished to have the within appeal progressed. The Court reviewed the papers on the matter taking full account of AN BORD BANISTIOCHDA GAELSCOIL MOSHIOLOG [2023] IEHC 484 wherein Cregan J observed as follows: 

 “The delay by the Labour Court in hearing this matter and giving judgment is unacceptable to say the least, and raises serious questions as to whether the Labour Court has breached Mr. Ó Suird's rights under Article 6 of the European Convention on Human Rights regarding the right to a fair and expeditious trial.” 

 The Court advised both parties that the appeal would proceed to a resumed hearing.  

 The parties were notified on 20th December 2023 of the date, time and venue for the hearing to take place on 21st February 2024.  

 On 25th January 2024 the Respondent sought a postponement of that scheduled hearing on the basis that proceedings were in being at another forum. This request for postponement was refused by the Chairman. 

Written submissions were, in accordance with the Rules of the Court 2022, requested of the parties so as to be received by the Court 10 days in advance of the scheduled hearing of the matter. A submission was received from the Respondent, but no communication was received from the Appellant despite a series of reminders issuing in respect of the requirement to provide a written submission in advance and a request shortly before the hearing for details of attendees. 

 The hearing 

 The within appeal was opened by the Court in a hearing at its premises on 21st February 2024. 

The Appellant failed to attend the hearing of the Court. The Respondent did attend the hearing of the Court. 

The Court is satisfied that the Appellant had been communicated with comprehensively to notify her through her legal representative of the date, time and venue for the hearing of the within appeal. 

Decision 

The Appellant failed to attend the hearing of the Court and consequently was not in a position to advance her appeal. She did not provide a written submission in advance to the Court as required by the Rules of the Court drawn up under statute and provided no grounding otherwise for her appeal of the decision of the Rights Commissioner. 

Consequently, the appeal fails and the decision of the Rights Commissioner is affirmed. 

The Court so decides. 

	Signed on behalf of the Labour Court
	Kevin Foley
TH	______________________
21 February 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.