FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PINEWOOD CONSTRUCTION LTD - AND - ALGIMANTAS LASTAUSKAS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision R-033269-Wt-05/JC.
BACKGROUND:
2. A Labour Court hearing took place on the 11th November, 2005.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, (the Act) by Mr. Algimantas Lastauskas, 8 Castleknock Glade, Laurel Lodge, Castleknock, Dublin 15, that Mr Gabriel Connolly, Pinewood Construction Limited, Unit 9 Coolmine Business Park, Clonsilla, Dublin 15, failed to implement a decision of a Rights Commissioner Record No. r-033269-wt-05-JC and dated 15th August 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 (i) the sum of €2,000 in respect of the breach by the employer of Section 19 of the Act in failing to pay the complainant pay in respect of annual leave for the leave year 2004/2005; (ii) the sum of €300 in respect of the breach by the employer of Section 14 of the Act in failing to pay the complainant a premium payment for working on Sundays and (iii) compensation in the sum of €5,000 in respect of the breach by the employer of Section 15 of the Act. The total award to be paid by the said employer to the complainant is €7,300.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th November, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.