FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR PAOLO DI TOFANO/GLEENEEN LTD T/A MIZZONI PIZZA & PASTA COMPANY - AND - ALIN CATALIN GAVRIL (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner Decision r-034831-wt-05/JC
BACKGROUND:
2. A complaint was submitted 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 Organization of Working Time Act, 1997, (the Act) by Mr. Alin Catalin Gavril, 29 Longwood Avenue, Portobello, Dublin 8, that Mr. Paolo Di Tofano/Gleeneen Limited t/a Mizzoni Pizza & Pasta Company, 200 Harold’s Cross Road, Dublin 6W failed to implement a Decision of a Rights Commissioner Record No. r-034831-wt-05/JC and dated 19th October, 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 €1,500.00 in respect of the breach by the employer of Section 23 of the Act in failing to pay the Complainant compensation in lieu of outstanding annual leave on the cessation of the Complainant’s employment.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th February 2006______________________
Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.