FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DENNIS CUNNINGHAM - AND - PAULA GANNON DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged non-Implementation of Rights Commissioner's Decision R-046453-WT-06/JH.
BACKGROUND:
2. A complaint was received in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 10th July, 2007. 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 Paula Gannon, Thornwell House, Limnaugh West, Corrandulla, Co. Galway that Dennis Cunningham, 6 Francis Street, Galway, failed to implement a decision of a Rights Commissioner, No. R-046453-wt-06/JH and dated 30th April, 2007.
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 €1,223.20 in respect of the breach by the employer of Section 19 of the Act in failing to pay the complainant outstanding holiday pay accrued during the period of her maternity leave and €200 compensation for the distress caused by the said breach of the Act. The total award to be paid by thesaid employer to the complainant is €1,423.20.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th_July, 2007______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jackie Byrne, Court Secretary.