FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ARTHUR FLUSKEY TRADING AS FLUSKEY FREIGHT - AND - RAYMOND CONNOLLY DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision WT 3019/00/GF.
BACKGROUND:
2. A Labour Court hearing took place on the 8th of June, 2001. The following is the Court's Determination.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, by Mr. Raymond Connolly, 8 New Street Gardens, New Street South, Dublin 8 that his employer, Arthur Fluskey trading as Fluskey Freight, 28 East Priory, Navan Road, Dublin 7 failed to implement a decision of a Rights Commissioner No. WT3019/00/GF, dated 8th January, 2001,
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 appeals,
The Court hereby determines that the said employer pay the sum of £850 -1079.28 Euro -(10 days at £85 -107.93 Euro -per day) in respect of his claim for outstanding annual/public holiday entitlements, in accordance with the decision of the Rights Commissioner.
The Court notes that this decision includes a claim for an amount of £280 -355.53 Euro -in respect of outstanding hours. As this is outside of the jurisdiction of the Organisation of Working Time Act, 1997 this claim should be referred back to the Rights Commissioner for consideration under the Payment of Wages Act, 1991.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th July, 2001______________________
D.G.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Dympna Greene, Court Secretary.