FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BRIAN MCMAHON T/A VICTORY INNS 2 - AND - OLIVER MORRISSEY DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioners Decision R-032874-WT-05-DI.
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 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) by Mr. Oliver Morrissey, Carrickamogue, Shercock, Co.
Cavan, that Mr. Brian McMahon, Victory Inns 2, Shirley Arms Hotel, Carrickmacross, Monaghan, failed to implement a decision of a Rights Commissioner Record No. r-032874-wt-05-DI and dated 26th May 2005
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 €1,150 in respect of the breach by the employer of Section 21 of the Act in failing to pay the complainant pay in respect of public holidays for the leave year 2004/2005.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th August 2005______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.