FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SEAN DAVORAN - AND - JAMES COMMANE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision WT11791/02/MR
BACKGROUND:
2. The worker referred his case to the Labour Court on the 17 of July, 2003. A Labour Court hearing took place on the 21st of August, 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 James Commane, Drinagh, Ennistymon, Co. Clare that his employer Sean Davoran, Lissarulla, Carnmore, Oranmore, Co. Galway failed to implement a decision of a Rights Commissioner No. WT11791/02/MR dated 13th May, 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 appeals,
The Court hereby determines that the said employer pay the sum of €292.55 in respect of annual leave and €100 in compensation (total €392.55) to the said employee in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th August, 2003______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.