FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : OLYMPUS CLOTHING LTD TRADING AS G. ANDREA MANUFACTURERS - AND - MS DAIGA EZERMALE (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Alleged non-implementation of Rights Commissioners Decision No. WT15798/03/DI.
BACKGROUND:
2. An application has been made by the employee that Decision No. WT15798/03/DI has not been implemented by the Employer.
DETERMINATION:
A complaint having been received under Section 28 (8) of the Organisation of Working Time Act, 1997, by SIPTU on behalf of Ms Daiga Ezermale, 32, St. Patrick's Park, Tullow, Co. Carlow that her employer Olympus Clothing Limited Trading as G Andrea Manufacturers, Charlotte Street, Carlow, Co. Carlow failed to implement the decision of a Rights Commissioner No. WT15798/03/DI, dated 2nd March, 2004,
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 €290 to the complainant in respect of her claims under the Organisation of Working Time Act, 1997, in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th July, 2004______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.