FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR DAVID FANNING,T/A DEC-REN (EMPLOYER) - AND - MR DAVID CUMBERTON (EMPLOYEE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Complaint that the Rights Commissioner's Decision WT235/98GF has not been implemented.
BACKGROUND:
2. A Labour Court sitting took place on the 27th of November, 1998.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, from David Cumberton of 12 The Close, Millbrook Lawns, Tallaght, Dublin 24, that his employer, David Fanning Trading as Dec-Ren, 37 Seabury Park, Malahide, County Dublin, failed to implement a decision of a Rights Commissioner, No. WT235/98GF, dated the 21st of September, 1998,
And the said decision not having been carried out by the employer,
And no appeal having been brought against the said decision within the time limited for such appeal,
The Court, hereby determines that the said employer pay to the said employee holiday pay in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
1st December, 1998______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.
WTC/98/10DETERMINATION NO. DWT989
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES:
DAVID FANNING, TRADING AS DEC-REN
(EMPLOYER)
-AND-
MR DAVID CUMBERTON
(EMPLOYEE)
(EMPLOYER)
-AND-
MR DAVID CUMBERTON
(EMPLOYEE)
SUBJECT:
1. Complaint that the Rights Commissioner’s Decision WT235/98GF has not been implemented.
BACKGROUND:
2. An application has been made by the employee that Determination No. DWT989 does not correctly state the name of the employer, the correct name being Dec-Ren Contractors Limited.
DETERMINATION
In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997 the Court determines that the name of the employer in Determination No. DWT989 shall be changed from David Fanning (trading as Dec-Ren) to Dec-Ren Contractors Limited.
Signed on behalf of the Labour Court
5th February, 1999
L.W.D.T. Kevin Duffy
Deputy Chairman