FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KEN MARTIN, STEEL INDUSTRIES - AND - PATRICK CAHILL DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appealing against a Rights Commissioner's Decision r -075842-wt-09.
BACKGROUND:
2. This matter came before the Court in the following circumstances:-
- On the 20th February 2009 the Rights Commissioner Service received a complaint from Mr Patrick Cahill (the Claimant) against Ken Martin pursuant to Section 27 of the Organisation of Working Time Act 1997. At the hearing before the Rights Commissioner it became apparent that Mr Cahill's former employer was Steel Industries, Rathcoole Limited, of which Mr Martin is a Director.
- The Rights Commissioner declined jurisdiction to investigate the complaint on the basis that the wrong party had been cited as the respondent.
- The Claimant appealed to the Court citing the Respondent as "Ken Martin, Steel Industries".
DETERMINATION:
It is clear that at all material times the Claimant was employed by Steel Industries, Rathcoole Ltd. No complaint has been initiated under the Act against that entity and no decision has issued from a Rights Commissioner to which that entity was party.
The jurisdiction of this Court, under Section 28 of the Act, is founded upon there being a decision of a Rights Commissioner involving the parties to the appeal which the Court is asked to determine. In this case there is no decision of a Rights Commissioner involving the Claimant and Steel Industries, Rathcoole Ltd. Furthermore, it is clear that Ken Murphy never personally employed the Claimant.
In these circumstances the Court has no jurisdiction to entertain the appeal.
Signed on behalf of the Labour Court
Kevin Duffy
11th September, 2009______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.