Labour Court declines to hear Dimitrijis Spivaks’s appeal against Sam Dennigan & Company

The Labour Court found it had no jurisdiction to hear Dimitrijis Spivaks’s appeal under the Organisation of Working Time Act 1997 against a Rights Commissioner document in his case against Sam Dennigan & Company. The determination was signed on 17 November 2015; the merits were not decided. The Court found that the document, although headed under the 1997 Act, contained no decision under it and appeared instead to concern a complaint under the Terms of Employment (Information) Act 1994. The appeal required a Rights Commissioner decision on whether the 1997 Act had been contravened, and the document contained no such decision.