SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
EBLANA TRADING SERVICES LIMITED
- AND -
MR DAVID WALSH
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr Rorke
1. Appeal by the Company against Rights Commissioner's Decision No. 251/98.
2. The appeal concerns a worker who was employed by the Company from April 1997 to July, 1998. It relates to a claim by the worker that he is entitled to arrears of holiday pay amounting to £219.22 under the terms of the Organisation of Working Time Act, 1997.
The Company rejected the claim. The dispute was referred to a Rights Commissioner for investigation in September, 1998. On the 14th of October, 1998, the Rights Commissioner issued his decision as follows:
"This claim is well founded and I order that the complainant be paid the sum of £219.22 holiday pay within one month"
On 12th of November, 1998 the Company appealed the Rights Commissioner's decision to the Labour Court. The Court heard the appeal on the 1st of February, 1999. The Employer did not attend the hearing.
The appellant failed to appear at the hearing. While he did contact the Court, he indicated that he would not be prepared to attend a hearing. No written submission was presented to the Court by the appellant and he did not send a representative.
The Court is satisfied that there is no basis for overturning the Rights Commissioner's findings and accordingly, does not determine in his favour.
Therefore, the appeal fails.
Signed on behalf of the Labour Court
8th February, 1999.______________________
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.