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Labour Court declines to hear Maxim Marikhin’s appeal over Sam Dennigan & Company document

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court ruled it had no jurisdiction to hear Maxim Marikhin’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 dated 17 November 2015; the merits were not decided. The Court found the document, although headed with reference to the 1997 Act, contained no decision under that law. It appeared instead to relate to a complaint under the Terms of Employment (Information) Act 1994. The Court said its jurisdiction depended on a Rights Commissioner decision finding whether the 1997 Act had been contravened; no such decision was present.

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