FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : OPUS NUMBER ONE RECRUITMENT LTD - AND - JUSTIN CANAVAN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Alleged non-implementation of Rights Commissioner's decision WT13715/03/MR
BACKGROUND:
2. The employee made a complaint to the Labour Court in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The Court's determination is as follows:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, by Mr. Justin Canavan, 192 Valley View, O'Malley Park, Limerick, that his employer Mike O'Shaughnessy, Opus Number One Recruitment Limited, having it's registered office at 17, The Crescent, Limerick and trading as the White Rabbit Internet Caf�, 15 Sefton House, Thomas Street, Limerick failed to implement a decision of a Rights Commissioner No. WT13715/03/MR dated, 31st October, 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 total sum of €1400, being €600 in respect of holiday pay and a further €800 in compensation in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th February 2004______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Joanne O'Connor, Court Secretary.