FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ENDVALE TAVERNS LIMITED - AND - DAVID LAYTON DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Alleged non-implementation of Rights Commissioner's Decision UD15157/03/MMcg (Amended).
BACKGROUND:
2. A complaint has been made by the employee that Decision No. UD 15157/03/MMcG (Amended) 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, (the Act) by Mr. David Layton, 189 Old Youghal Road, Cork City, that Endvale Taverns Limited, C/O O'Brien Cussen and Company, O'Rahilly Street, Clonakilty, Co. Cork, failed to implement a decision of a Rights Commissioner Record No. UDI5157/03 MMcG (Amended) and dated 17th December, 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 in accordance with the decision of the Rights Commissioner the said employer pay the complainant the sum of €710 -two weeks holiday pay - in respect of the breach by the employer of Section 15 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th August, 2005
tod______________________
Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.