FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PALUBINSKI LIMITED - AND - PIOTR SAMKO (REPRESENTED BY PCE) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Alleged non-implementation of a Rights Commissioner's Decision R-062540-Wt-08/EH.
BACKGROUND:
2. The worker referred his case for non-implementation to the Labour Court on the 29th September, 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 Piotr Samko of 28 Churchfield, Ashbourne, Co. Meath (complainant) that Palubinski Limited, of 198 Edgewood Lawn, Blanchardstown, Dublin 15 (employer) failed to implement a Decision of a Rights Commissioner, No. R-062540/WT/08/EH, dated 11th 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 €5,000 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
13th November, 2008.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.