SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
ARCWELL DEVELOPMENTS LTD
(REPRESENTED BY FRANCIS BROPHY & CO. CHARTERED ACCOUNTANTS)
- AND -
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr Shanahan
1. Appeal against Rights Commissioner's Decision r-075657-wt-09/GC.
2. The Employee appealed the Decision of the Rights Commissioner to the Labour Court on the 3rd October 2012, in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. Labour Court hearings took place on the 17th January and 20th August, 2013.
This is an appeal under Section 28(1) of the Organisation of Working Time Act 1998 (“the Act”) by Mr Zydrunas Juzikis (“the Complainant”) against Rights Commissioner Decision Number r-075657-wt-09/GC issued on the 30thAugust 2012. The appeal was lodged with this Court on 9th October 2012. The Rights Commissioner decided that complaints made by the Complainant that his former employer Arcwell Developments Limited (“the Employer” or “the Respondent”) contravened various Sections of the Act were not well founded. The case came on for hearing on the 17thJanuary 2012 and was adjourned. The case finally came on for hearing on the 20thAugust 2013.
At that hearing Mr Richard Grogan, Solicitor for the Complainant, told the Court that his Client was not in attendance at the hearing and that he was offering no evidence in support of the Appeal.
The Decision of the Rights Commissioner is affirmed.
The Court so determines.
Signed on behalf of the Labour Court
21st August, 2013______________________
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.