FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : LOUISE O REILLY TRADING AS HEAD HUNTERS HAIR STUDIO - AND - DOLORES MEYLER DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Alleged Non-Implementation of Rights Commissioner's Decision WT10292/02/GF
BACKGROUND:
2. The worker referred her case to the Labour Court on the 29th of July, 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, (the Act), from Dolores Meyler, 3 Fernwood Close, Springfield, Tallaght, Dublin 24, that her employer, Louise O Reilly trading as Head Hunters Hair Studio, having its registered office at 2 Orlagh Grove Shopping Centre, Knocklyon, Dublin 16, failed to implement a decision of a Rights Commissioner No. WT/0292/02/GF, dated the 26th 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 €750 in respect of annual leave and public holidays in accordance with the decision of the Rights Commissioner.
The employer has indicated that he believes that the claimant was overpaid during her employment period. However, the Court is satisfied that this is a separate matter to the claim before the Rights Commissioner.
Signed on behalf of the Labour Court
Finbarr Flood
11th May, 2004______________________
CON/MBDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.