SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
SPEEDWAY CONSTRUCTION IRELAND LTD
(REPRESENTED BY J C HOBAN & CO.)
- AND -
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Appeal Of Rights Commissioner's Decision r-094947-wt-10.
2. Both the Employer and the Worker appealed the Decision of the Rights Commissioner to the Labour Court in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 21st August 2012.
The case comes before the Court by way of an appeal by both parties against a decision of the Rights Commissioner under the Section 27 of the Organisation of Working Time Act 1977 (“the Act”).
Mr Szczpiotr (“the Complainant”) worked for the Speedway Construction Ireland Ltd (“the Respondent” or “the Employer”) from November 2005 until his employment terminated on 31 October 2010. He subsequently made a complaint to the Rights Commissioner that the Respondent’s treatment of him in the course of his employment amounted to a breach of Sections 14, 15, 17 and 21 of the Act. The Respondent entered a defence against the each of the complaints. The Rights Commissioner decided that the complaints made by the Complainant under Sections 14, 15 and 17 were not well founded. She decided that the Complaint made under Section 21 of the Act was well founded and awarded the complainant compensation in the sum of €3,000. Both sides appealed these decisions to the Labour Court.
The case came on for hearing before the Court on Tuesday 21 August 2010.
Section 28(1) of the Act provides
(1)A party concerned may appeal to the Labour Court from a decision of a rights commissioner undersection 27and, if the party does so, the Labour Court shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.
Neither the Complainant nor the Respondent attended the hearing nor did either side present any evidence. The Respondent’s Solicitor only, Mr Krystien Boino, attended the hearing.
Therefore in the absence of any evidence in support of either appeal the Court affirms the Decision of the Rights Commissioner.
Mr Krystian Boino, J.C. Hoban & Co., Solicitors, represented the Respondent in respect of its appeal before the Court. He told the Court that his client was not in attendance at Court. Mr Boino presented no evidence to support the appeal to the Court.
Determination of the Respondent’s Appeal
Therefore in the absence of any evidence to support the appeal the appeal falls and the Court affirms the Decision of the Rights Commissioner.
The Court affirms the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
7th September, 2012______________________
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.