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FULL RECOMMENDATION
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WTC/19/76
ADJ-00021951 CA-00028635-009,010
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DETERMINATION NO. DWT225
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SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES :
ROSE GARDEN CHINESE RESTAURANT
- AND -
MR ZHIQIANG FENG
(REPRESENTED BY MR ANTHONY SLEIN B.L., INSTRUCTED BY SHEA CULLEN SOLICITORS)
DIVISION :
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Chairman:
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Mr Geraghty
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Employer Member:
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Mr Murphy
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Worker Member:
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Ms Treacy
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SUBJECT:
1. Appeal Of Adjudication Officer Decision No ADJ-00021951.
BACKGROUND:
2. This is an appeal by Rose Garden Restaurant of a Decision by an Adjudication Officer that the rights of Mr. Feng under the Organisation of Working Time Act, 1997 had been infringed. The appeal was lodged on 10 January 2020. The Labour Court hearing took place on 10 December 2021.
The Decision included an award of €1000 for breaches of the Act in respect of working time and an award of €1500 for breaches in respect of public holidays and annual leave.
The appellant failed to turn up to present their appeal. The Court is satisfied that every reasonable effort was made to make the appellant aware of the hearing.
Therefore, no valid appeal was made.
DETERMINATION :
The Decision of the Adjudication Officer is affirmed.
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Signed on behalf of the Labour Court
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Tom Geraghty
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SL
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______________________
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05 January 2022
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Deputy Chairman
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NOTE
Enquiries concerning this Determination should be addressed to Shane Lyons, Court Secretary.
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