FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : NOEL LALOR TRADING AS LALOR MUSHROOMS (REPRESENTED BY J.J. FITZGERALD & CO. SOLICITORS) - AND - HALYNA ROMANYUK (REPRESENTED BY GREG O'NEILL SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision R-035539-Ma-05/JH.
BACKGROUND:
2. The worker referred her case to the Labour Court on the 23rd January, 2007, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the 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 Halyna Romanyuk, c/o Greg O'Neill Solicitors, Suite 109, The Capel Building, St. Mary's Abbey, Dublin 7 that Noel Lalor trading as Lalor Mushrooms, Parknahalin, Cullahill, Co. Laois failed to implement a Decision of a Rights Commissioner Record No. r-035539-ma-05/JH and dated 22nd November, 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 the sum of €3,750 in respect of her complaint under the Organisation of Working Time Act, 1997.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st March, 2007______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.