FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : EVERGREEN FOODS LIMITED - AND - MARIUSZ KORALEWSKI DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Non-implementation of a Rights Commissioner's Decision r-052752-WT-07/EH
BACKGROUND:
2. The worker referred his case to the Labour Court for implmentation 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 Mariusz Koralewski, Apartment 21, The Crescent, Church Road, Mulhuddart, Dublin 15, that Evergreen Foods Limited, Unit B, Site 14C, Greenogue Business Park, Rathcoole, Co. Dublin failed to implement a decision of the Rights Commissioner, No. n-052752-WT-07/EH and dated 12th December, 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 for such appeals,
The Court hereby determines that in accordance with the decision of the Rights Commissioner the said employer pay the complainant the sum of €2,000.00 in respect of the breaches by the employer of Sections 15 and 19 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th July, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.