FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : NOVA SCOTIA PUBS LIMITED - AND - MARCELLA GERMANOVA (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Complaint that a Rights Commissioner's Decision has not been implemented R-060660-WT-08/MH.
BACKGROUND:
2. The worker referred her case for non-implementation to the Labour Court on the 8th October, 2008. The following is the determination of the Court:-
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) from Marcella Germanova, of Flat 1, 67A O'Connell Street, Waterford (complainant) that Nova Scotia Pubs Limited, of 31 South Street, New Ross, Co. Wexford (employer) failed to implement a decision of a Rights Commissioner, no. r-060660/WT/08/MH, dated 8th 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 €7,500.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
22nd December, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.