FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOHN CHRISTOPHER GOODE T/A TUDOR PAVING CONTRACTORS - AND - OLEG BOTSIN (REPRESENTED BY P.C. MOORE & CO. SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Complaint that a Rights Commissioner's Decision No. r-048730-wt-06/MMG has not been implemented.
BACKGROUND:
2. The Worker referred the case to the Labour Court on the 23rd June, 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) by Mr. Oleg Botsin, Rahuud-58, Narva, Ida-Virumaa, Estonia that John Christopher Goode T/A Tudor Paving Contractors, 91 Rathcurragh, Green Road, Newbridge, Co. Kildare failed to implement a Decision of a Rights Commissioner, No. r-048730-wt-06/MMG and dated 27th March, 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 Employer pay the Complainant the sum of €700.00 in respect of the breach by the Employer of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th July, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.