FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : THE BEANBAR LTD TRADING AS THE PURTY KITCHEN - AND - MR KRZYSZTOF GLOWACKI (REPRESENTED BY CROSSCARE MIGRANT PROJECT) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Complaint of non-inplementation of Rights Commissioners Decision r-059248-Wt-07/jc
BACKGROUND:
2. An appeal 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) by Mr. Krzysztof Glowacki, 5 Dryton Close, Monkstown, Co. Dublin that The Beanbar Limited t/a The Purty Kitchen, Dun Laoghaire, Co. Dublin failed to implement a decision of a Rights Commissioner, No. r-059248-wt-07/JC and dated 5th August 2008.
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 Respondent pay the complainant the sum of €1,400.00 in respect of the breaches by the employer of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd December 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.