FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SEAN MCCOURTNEY BALDWIN T/A BALDWIN CREATIVE ACTORS MANAGEMENT - AND - PAUL BOURKE (REPRESENTED BY MAIREAD BOURKE SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Alleged Non-Implementation Of Rights Commissioner's Decision R-055991-WT-07/RG
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 18th August, 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. Paul Burke, 130 Glenageary Avenue, Glenageary, Co. Dublin that Sean McCourtney Baldwin T/A Baldwin Creative Actors Management, 17 Sandycove Point, Sandycove, Co. Dublin failed to implement a decision of a Rights Commissioner, No. r-055991-wt-07/RG and dated 30th June 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 €2058.40 in respect of the breaches by the employer of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th November, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.