FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MARY KEHOE - AND - ANITA BUCKLEY DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Complaint that Rights Commissioner's Decision WT2035/00/JH has not been implemented.
BACKGROUND:
2. A Labour Court hearing took place on the 23rd of March, 2001.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, (the Act), by Ms. Anita Buckley, 26 Sean Browne Crescent, Enniscorthy, Co. Wexford, that her employer Ms. Mary Kehoe, trading as The Flower Gallery, 23 Rafter Street, Enniscorthy, Co. Wexford, failed to implement a Decision of a Rights Commissioner No. WT2035/00/JH, dated the 20th of December, 2000.
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 limit for such appeal,
The Court hereby determines that the said employer pay to the said employee £250 net
(317.43 Euros), in respect of her entitlements under the Organisation of Working Time, Act, 1997 in accordance with the Decision of the Rights Commissioner.
In a letter to the Court on the 5th of February, 2001, the employer indicated that she had appealed the Decision of the Rights Commissioner in a letter dated the 10th of January, 2001. No record of any appeal being lodged can be traced.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th April, 2001______________________
GB/Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Gerardine Buckley, Court Secretary.