FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GORDON MOONEY LIMITED T/A G M SERVICES - AND - INGUS BARAUSKA (REPRESENTED BY PC MOORE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Non-implementation of a Rights Commissioner's Decision r-053081-wt-07/JT
BACKGROUND:
2. The worker referred his case to the Labour Court on the 27th 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. Ingus Barauska, A–Deglava 108 16–68, Riga, Latvia that Gordon Mooney Limited t/a G. M. Services, Ballaghaderry, Mount Bolus, Tullamore, Co. Offaly failed to implement a decision of a Rights Commissioner, No. r-053081-wt-07/JT 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 €5,000.00 in respect of the breaches by the employer of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th September, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.