FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR TOM RYAN TRADING AS KEEPER INNS LTD - AND - MICHAEL MURRAY (REPRESENTED BY MANDATE TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision R-037162-wt-05-DI.
BACKGROUND:
2. An application has been made by the employee that Decision No. r-037162-wt-05-DI 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, by Mr Michael Murray, 26 Liffey Avenue, Liffey Valley, Lucan, Co. Dublin, that Mr Tom Ryan, trading as Keeper Inns Limited, Chaplins L.P. 1/2 Hawkins Street, Dublin 2, failed to implement a decision of a Rights Commissioner Record No. r-037162-wt- 05 -DI and dated 28th June, 2006
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 €1,000 in respect of the breach by the employer of Section 21 of the Act, in failing to pay the complainant pay in respect of five public holidays during the period 7th January, 2005 and 4th August, 2005.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th November, 2006______________________
todDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.