FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MICHAEL SHARKEY - AND - PETER O'BRIEN DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision R-045463-Wt-06/TB.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 30th April, 2007, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Court's decision:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, (the Act) by Peter O'Brien, Crieyesmith, Letterkenny, Co. Donegal that Michael Sharkey, Upper Carrowcannon, Falcarragh, Letterkenny, Co. Donegal, failed to implement a decision of a Rights Commissioner Record No. r-045463-WT-06/TB and dated 14th March, 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 €1,320 in respect of the breach by the employer of Sections 19 and 21 of the Act in failing to pay the complainant in respect of sixteen days annual leave and six public holidays during the period of his employment from 13th June, 2005, and 4th April, 2006.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th June, 2007______________________
CON/MC.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.