SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
JOHN CROWE T/A TIMOTHY CROUGHS
- AND -
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr McCarthy
1. Appeal of Rights Commissioner Decision No: r-134418-wt-13/EH
2. This case is an appeal by the Employer of Rights Commissioner Decision No: r-134418-wt-13/EH. The issue concerns a claim by the worker that he was not provided with the correct Public Holiday entitlements as provided for in the Organisation of Working Time Act, 1997. The matter was referred to a Rights Commissioner for investigation. A Decision issued on 22nd April 2014 and found that the complaint was well founded in part. The Rights Commissioner awarded the worker €352.80 in compensation.
On the 9th May 2014, the Employer 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 3rd July 2014. The following is the Court's Determination:
This is an appeal under Section 28(1) of the Organisation of Working Time Act 1997 (the Act), by John Crowe trading as Timothy Croughs (the Appellant) against Rights Commissioner Decision number r-134418-wt-13/EH issued on 20 April 2014. The Rights Commissioner decided that a complaint made by Mr Carl Hennessy (the Complainant) that the Appellant, his employer, did not afford him his entitlements under Section under Section 21 of the Act in respect of the public holidays that fell in the relevant period was well founded and ordered the Respondent to pay compensation in the sum of €352.80.
The Respondent filed an appeal with this Court under Section 28(1) of the Act on May 9 2014. The case came on for hearing before the Court on 3 July 2014. When the case was called the Respondent was neither present nor represented in Court. The Court noted that the Respondent was properly notified of the date and time of the hearing. Finally the Court noted that the Respondent had made no contact with the Court seeking to vary the terms of or withdraw his appeal. Accordingly the Court proceeded to consider the appeal before it.
As the Respondent presented no evidence in support of the appeal, the Court affirmed the decision of the Rights Commissioner and determines accordingly.
The Decision of the Rights Commissioner is affirmed. The Court so determines.
Signed on behalf of the Labour Court
19th August 2014______________________
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.