SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997
- AND -
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner's Decision R-141234-Wt-14/MMG
2. The Employer appealed the Decision of the Rights Commissioner in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 14th October, 2014. The Worker was not present and was not represented at the hearing. The following is the Determination of the Court:
This is an appeal by Conway Construction (the Respondent) against the decision of a Rights Commissioner (erroneously described as a “Determination”) under the Organisation of Working Time Act 1997 in a claim brought by Patrick Campbell (the Claimant).
The representative of the Respondent told the Court in evidence that the total amount claimed by the Claimant and forming the basis of his complaint under the Act had been discharged prior the hearing before the Rights Commissioner.
The Claimant did not appear at the hearing and he was not represented.
On the uncontested evidence tendered on behalf of the Respondent the Court is satisfied that the matter giving rise to this claim was resolved between the parties prior to the hearing before the Rights Commissioner. Accordingly the Court is satisfied that the claim under the Act is not well founded.
The decision of the Rights Commissioner is set aside and the appeal is allowed
Signed on behalf of the Labour Court
28th October 2014______________________
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.