FULL RECOMMENDATION
SECTION 28(8); ORGANISATION OF WORKING TIME ACT; 1997 PARTIES : TOM FITZGERALD (TRADING AS T.F. TRANSPORT) - AND - EAMON MURPHY DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Alleged non-implementation of Rights Commissioner's Decision WT2234/00/MR.
BACKGROUND:
2. The dispute arose out of non payment of holiday pay. The Rights Commissioner issued his decision on 13th December 2000, as follows:
Decision
"In accordance with Section 27(3) of the Act, I hereby declare that this claim was well founded and I now require Tom Fitzgerald, trading as T F Transport, to pay Eamon Murphy the sum of £608, net."
On the 13th February, 2001, the worker appealed the Rights Commissioner's
Recommendation to the Labour Court and the Court heard the appeal on the 2nd March, 2001.
DETERMINATION:
A complaint having been received under Section 28 (8)of the Organisation of the Working Time Act 1997 by Eamon Murphy of, Knockrane, Ballyfinnane, Firies, Co. Kerry that his former employer, Tom Fitzgerald, trading as T.F. Transport, of Castleisland, Co. Kerry
failed to implement a decision of a Rights Commissioner No WT2234/00/MR dated 13th 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 £608 in respect of holiday pay in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
9th March, 2001______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.