FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TP KAVANAGH ENTERPRISES LIMITED - AND - LISA KENNEDY DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner's Decision has not been implemented r-062794-wt-08/JW.
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 16th October, 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, 1997, (the Act) from Lisa Kennedy, of 23 Delvin Park, Ferbane, Co Offaly (complainant) that TP Kavanagh Enterprises Limited, of United Colours of Benetton, Friar Street, Thurles, Co. Tipperary (employer) failed to implement a Decision of a Rights Commissioner, No. r-062794/wt/07/JW, dated 20th August, 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 €986.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
1st December, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.