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DWT236

FULL RECOMMENDATION


WTC/22/92
ADJ-00016747 CA-00021783-001
DETERMINATION  NO.  DWT236

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


PARTIES:
DUBLIN BUS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

MR. FILIP RZESZUTKO
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION:

Chairman: Ms Connolly
Employer Member: Mr Marie
Worker Member: Mr Hall


SUBJECT:

1. Appeal Of Adjudication Officer Decision No ADJ-00016747 CA-00021783-001.

BACKGROUND:

2. The Complainant made an appeal against the Adjudication Officer’s decision, ADJ-00016747 under the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 9 June 2022. The following is the Determination of the Court:




DETERMINATION:

This is an appeal by Mr Filip Rzeszutko (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00016747, dated 14 March 2022) in a complaint made under section 17 of the Organisation of Working Time Act, 1997 (‘the Act’).

The Complainant’s Notice of Appeal was received by the Court on 13 April 2022.

The Court sat to hear the appeal on 9 June 2022. The Respondent was in attendance and was represented by an official from Ibec. The Complainant, although duly notified by the Court of the hearing date and venue, did not attend at the appeal.

Decision

As the Complainant did not attend to prosecute his appeal, the Court determines that the appeal fails for want of prosecution.

The decision of the Adjudication Officer is upheld.

The Court so determines.

Signed on behalf of the Labour Court
Katie Connolly
SL ______________________
12 January 2023 Deputy Chairman


NOTE

Enquiries concerning this Determination should be addressed to Shane Lyons, Court Secretary.