FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : STARVILLE PROMOTIONS LIMITED - AND - ARNIS PURAINIS (REPRESENTED BY THOMAS VAINIUS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision R-045612-WT-06/TB
BACKGROUND:
2. The Worker referred his case to the Labour Court on 4th April 2007 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 Organisation of Working Time Act, 1997, (the Act) by Arnis Purainis, Flat 8, 21 Lower Dominick Street, Dublin 1, that Starville Promotions Limited, Bachelor's Walk, Dundalk, Co. Louth, failed to implement a Decision of a Rights Commissioner Record No. R-045612-WT-06/TB and dated 7th February 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 €3,000 in respect of the breach by the employer of Section 14 of the Act in failing to pay him a premium payment for working on Sundays and in breach of Section 15 of the Act due to the requirement for him to work on average in excess of 48 hours per week.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th June 2007______________________
JF.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.