FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SEAMUS DOLAN (MOATE) LIMITED (REPRESENTED BY BYRNE CAROLAN CUNNINGHAM, SOLICITORS) - AND - LILIJA PAUCE (REPRESENTED BY P.C. MOORE & CO. SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision R-041757-WT/06/JC.
BACKGROUND:
2. The worker referred her case to the Labour Court on 7th February, 2007, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The Following is the Courts Determination
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, (the Act) by P.C. Moore & Co. Solicitors on behalf of Ms. Lilija Pauce, 116 Madera Wood, Enniscorthy, Co. Wexford that Seamus Dolan (Moate) Limited, Main Street, Moate, Co. Westmeath, failed to implement a Decision of a Rights Commissioner Record No. r-041757-wt-06-JC and dated 12th December 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 (i) the sum of €400 in respect of the breach by the employer of Section 14 of the Act in failing to pay her a premium payment for working on Sundays and (ii) the sum of €1,000 compensation in respect of the breach by the employer of Section 15 of the Act due to the requirement for her to work in excess of 48 hours per week in the 4-month period January to April 2005, and (iii) €800 in respect of the breach by the employer of Section 19 of the Act in failing to pay compensation in lieu of annual leave due on the termination of her employment, and (iv) the sum of €200 for the employer's failure to pay her the correct pay for annual leave in breach of Section 20 of the Act, and (v) the sum of €1,000 in respect of the breach by the employer of Section 21(1) of the Act in failing to pay the complainant compensation in respect of public holidays worked.
The total award to be paid by the said employer to the complainant is €3,400.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th June, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.