FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BRENDAN KELLY T/A B.J. KELLY - AND - IRENEUSZ KOWACZ (REPRESENTED BY CROSSCARE MIGRANT PROJECT) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged non-implementation of a Rights Commissioner's Decision R-050413-Wt-07/JT.
BACKGROUND:
2. A complaint was submitted to the Labour Court 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) from Ireneusz Kowacz of Dooley's Flats, Connaught Street, Birr, Co. Offaly (complainant) that Brendan Kelly T/A B.J.Kelly, Derrynacony, Ballyhaunis, Co. Mayo (employer) failed to implement a decision of a Rights Commissioner, No. R-050413-WT-07-JT, dated 5th November, 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 an appeal,
The Court hereby determines that, in accordance with the decision of the Rights Commissioner, the said employer pay to the complainant the sum of €2075.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
21st April, 2008.______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.