FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GOLDSWAN INTERNATIONAL LIMITED, TRADING AS "STATE" - AND - MATTHEW BYRNE DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision WT5164/01/MR.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 24th of September, 2001, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The Court's determonation is as follows:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1977 (the Act) by Matthew Byrne, 24 Auburn House, Rathmines Park, Dublin 6, that his former employer Goldswan International Limited, trading as "State", 1 Market Quay, Kinsale, Co. Cork, failed to implement a decision of a Rights Commissioner WT5164/01/MR dated 14th of August, 2001,
and that 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 an appeal,
the Court hereby determines that the said employer pay to the said employee the sum of £195.36 (248.06 Euro) in respect of holiday pay and £300 (380.92 Euro) compensation in accordance with the Decision of the Rights Commissioner.
The Court so determines.
Signed on behalf of the Labour Court
Finbarr Flood
25th October, 2001______________________
CO'N/CCChairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.