FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BALCON DEVELOPMENTS LTD - AND - MAREK FILIPOWICZ (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged Non-Implementation Of Rights Commissioner's Decision R-048409-Wt-06/Jh.
BACKGROUND:
2. The Employee made a complaint that the Rights Commissioner's decision has not been implemented to the Labour Court in accordance with Section 28(8) of the Organisation of Working Time Act, 1997 on the 11th June 2007. The Court considered the complaint on the 12th July 2007 the following is the Court's determination:
DETERMINATION:
A complaint having been recieved under Section 28(8) of the Organisation of Working Time Act 1997, (the Act) by Marek Filipowicz, 2 Borris Road, Portlaois, Co. Laois that Balcon Developments Limited, 4 The Maltings, Canal Side, Athy, Co. Kildare. failed to implement a Decision of a Rights Commissioner Record No.r-048409-wt-06/JH and dated 27th 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 said Decision of the Rights Commissioner the said employer pay the complainant the sum of €5,000 in respect of his complaint under the Organisation of Working Time Act ,1997.
Signed on behalf of the Labour Court
Raymond McGee
12th July 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.