SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
LIAM CARROLL REFRIGERATED AND DRY FREIGHT HAULAGE LIMITED
- AND -
(REPRESENTED BY JOANNA KAREJWO)
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Appealing against a Rights Commissioner’s Decision wt 69238/08/MR.
2. The Employer appealed the Rights Commissioner’s Decision to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997 on the 24th August, 2009. The Court heard the appeal on the 21st September, 2010.
The Complainant presented a complaint before a Rights Commissioner under the Organisation of Working Time Act 1997 (the Act) claiming redress in respect of alleged breachs of Section 15 of the Act. He claimed that he was required to work excessive hours, normally up to 78.5 hours per week.
The Rights Commissioner upheld the complaint and awarded the Complainant the sum of €3,000.00.The Employer appealed the Decision of the Rights Commissioner.
The Employer did not attend before the Court and did not file submissions setting out its position or details of its appeal. Therefore, in the absence of any submission on behalf of the Employer the Court finds that the appeal fails.
Accordingly, the Court upholds the Rights Commissioner's Decision. The Employer must pay the Complainant the sum of €3,000.00 compensation in respect of the Employer's breaches of the Act.
The Court so Determines.
Signed on behalf of the Labour Court
6th October, 2010______________________
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.