SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
CILL MHANTAIN IOMPAIR TEORANTA
(REPRESENTED BY SHERRY MC CAFFREY SOLICITORS)
- AND -
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Appeal of Rights Commissioner's Decision R-117792-wt-11/RG
2. This case is an appeal by the worker of Rights Commissioner Decision No: r-117792-wt-11/RG. The Rights Commisioner, in her Decision of the 29th June 2012 did not find in favour of the worker's claim. On the 25th July 2012, the worker appealed the Rights Commissioner's Decision in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 30th October, 2012. The worker's representative was notified of the date and time of the hearing but advised the Court that he was no longer instructed in the matter by the worker. The worker did not attend the hearing of the appeal.
The following is the Court's Determination:
This is an appeal by Mr Wojcieu Kaminski of a Rights Commissioner’s Decision dated 29thJune 2012 under the Organisation of Working Time Act 1997 (the Act), in which the Rights Commissioner found that his complaints under the Act were not well-founded.
The Appellant failed to attend the appeal hearing before the Court to move the appeal. The Respondent was present at the hearing of the appeal.
Therefore, the Court determines that the appeal fails for lack of prosecution and the Rights Commissioner’s Decision stands.
The Court so determines.
Signed on behalf of the Labour Court
19th November 2012______________________
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.