DWT2219

FULL RECOMMENDATION

SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997

PARTIES :

EXELA TECHNOLOGIES
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

MR KEVIN RUSSELL

DIVISION :

SUBJECT:

1. Appeal of Adjudication Officer Decision No(s). ADJ-00026783, CA-00034116-004.


BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 28 January 2021 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 22 February 2022. The following is the Determination of the Court:-


DETERMINATION :

This matter comes before the Court as an appeal by Kevin Russell (the Appellant) against a decision made by an Adjudication Officer in his complaint in accordance with Section 28 (1) of the Organisation of Working Time Act 1997 (the Act) against Exela Technologies (the Respondent).

The Hearing of the Court.

The Appellant and Respondent were properly notified of the date, time and venue of the hearing of this appeal. The Appellant advised the Court on the eve of the hearing that he would not attend the hearing.

Decision

The within appeal came on for hearing in the Court’s premises in Dublin. The Appellant did not attend the hearing and did not move his appeal before the Court.

The within appeal does not succeed and the decision of the Adjudication Officer is affirmed.

The Court so decides.

NOTE

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