FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FRANCIS SMITH T/A TREVOR FRANCIS HAIR SALON - AND - SHIRLEY MCCORMACK DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Alleged non implementation of Rights Commissioners Decision WT/11155/02/LM
BACKGROUND:
2. A Labour Court hearing took place on the 8th of April, 2003. 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 Ms Shirley McCormack, Shrule, Colehill, Co. Longford, that her former employer Francis Smith T/A Trevor Francis Hair Salon, Longford Shopping Centre, Longford, failed to implement a decision of a Rights Commissioner, WT11155/02 dated 6/01/2003.
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 €873 in respect of holiday pay and compensation in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Finbarr Flood
14th April, 2003______________________
JB/Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.
WTC/03/17DETERMINATION NO. DWT0312
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES:
- FRANCIS SMITH Trading as TREVOR FRANCIS HAIR SALON
-AND-
SHIRLEY MCCORMACK
SUBJECT:SHIRLEY MCCORMACK
1. Complaint that the Rights Commissioner’s Decision WT11155/02/LM has not been implemented.
BACKGROUND:
2 An application has been made by the employee that Determination No. DWT0312 does not correctly state the name and address of the employer, the correct name and address being Rythorpe Limited, Unit 2, Tallaght Retail Centre, Belgard Road, Dublin 24
DETERMINATION
3. 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. DWT0312 shall be changed from Francis Smith trading as Trevor Francis Hair Salon to Rythorpe Limited, Unit 2, Tallaght Retail Centre, Belgard Road, Dublin 24.
Signed on behalf of the Labour Court
Finbarr Flood
- Chairman