SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
CEMENTATION SKANSKA LIMITED
- AND -
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Decision WT4899/01/MR.
2. The worker submitted a claim for the payment of holiday pay, and also for pay in relation to public holidays due to him. He also argues that he was forced to change his employment without any redundancy or other entitlements.
The Company argues that it paid its workers a premium payment in lieu of holiday pay. It rejected the claim on the basis that it was out of time in accordance with Section 27(4) of the Organisation of Working Time Act, 1997.
The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner issued his decision on the 22nd of October, 2001, as follows:-
"In accordance with Section 27 of the Act, I hereby declare that this complaint is out of time."
On the 26th of November, 2001, the worker appealed the Rights Commissioner's Decision to the Labour Court under Section 28(1) of the Organisation of Working Time Act, 1997. The worker failed to attend the Court hearing on the 12th of March, 2002.
The appellant failed to attend the hearing to process his appeal. No explanation was submitted to the Court, prior to or at the hearing.
In the circumstances, the Court accedes to the Company request to strike out this appeal.
Signed on behalf of the Labour Court
2nd May, 2002______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.