SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
T & E CLOTHING (NAAS) LIMITED
(REPRESENTED BY GERARD P MC CARTHY & CO, ACCOUNTANTS)
- AND -
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Appeal by the Company against Rights Commissioner's Decision No. WT360/99GF
2. The dispute concerns a claim by the worker that she was dismissed without proper notice. The worker is claiming as follows:-
Minimum Notice: £1,463.42
Holiday Pay: £ 355.88
The Company states that it is insolvent and cannot continue to trade. A liquidator has been appointed to handle its affairs.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 2nd of November, 1999. The Company was not present at the hearing. The following is the Rights Commissioner's decision:-
"In the absence of any evidence to the contrary I decide that this claim
is well founded and I award the claimant the sum of £1,819.30."
The Company appealed the Rights Commissioner's decision to the Labour Court on the 6th of January, 2000 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 12th of January, 2000.
In the course of the hearing of this appeal, agreement was reached between the parties as to the amount owing to the claimant. On the basis of the agreement reached, the representative of the Company informed the Court that the appeal was withdrawn and could be struck out.
The Court determines accordingly.
Signed on behalf of the Labour Court
24th January, 2000______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.