FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JAMES MCCARTHY - AND - AIDAN LYNCH DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Alleged non-implementation of Rights Commissioners Decision WT11363/02/LM
BACKGROUND:
2. The worker referred his case to the Labour Court on the 28th of May, 2003. A Labour Court hearing took place on the 24th of June, 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 Aidan Lynch, Muingaphuca, Caragh Lake, Killorglin, Co Kerry that his former employer James McCarthy, Annadale Road, Killorglin, Co Kerry failed to implement a decision of a Rights Commissioner WT11363/02/LM dated the 20th March, 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 €56 in respect of holiday pay in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Finbarr Flood
14th July, 2003______________________
BB/CONChairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.