FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JUSTIN BROWN T/A BROWNS BUILDERS - AND - P.J. O' REILLY (REPRESENTED BY AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Alleged Non-Implementation Of Rights Commissioner's Decision Wt49213/07/Mr
BACKGROUND:
2. A complaint was submitted to the Labour Court 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 PJ O'Reilly c/o UNITE/ATGWU, 39, O'Connell St., Dungarvan, Co. Waterford (complainant) that Justin Brown T/A Brown's Builders, of Kilroe, Ballylooby, Co. Tipperary (employer) failed to implement a decision of a Rights Commissioner, no. r-049213/WT/07/MR, dated 15th August, 2007.
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 €1500.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
7th October, 2008______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.