FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOHN O'CONNELL - AND - ANDREJS KLIMOVS (REPRESENTED BY NOONAN LINEHAN CARROLL COFFEY SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision R-043462-Wt-06-DI.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 20th August, 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 Mr. Andrejs Klimovs, 40 Glendale Drive, Glasheen Road, Cork, that his former employer, Mr. John O'Connell, Barley Field House, Kilbrittan, Co. Cork, failed to implement a Decision of a Rights Commissioner r-043462-Wt-06/DI, dated 8th January, 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 €2,000 compensation in respect of the breach by the employer of Sections 13, 15, 19, 20, 21 and 23 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th. October, 2007______________________
JF.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.