FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : O'LEARY INTERNATIONAL LIMITED - AND - RYSZARD DYMEK (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioners Decision has not been implemented r-061477-wt-08/eh.
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 20th November 2008, 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 (the Act) from Ryszard Dymek, of 19 Talbot Street, Dublin 1, (complainant) that O'Leary International Ltd, Marsh Meadows, New Ross, Co Wexford (employer) failed to implement a Decision of a Rights Commissioner, No. R-061977/WT/08/EH, dated 26th September, 2008,
As the said Decision has not been carried out by the employer,
And no appeal has 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 €4,000 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
23rd December, 2008.______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.