FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SALMONCITA ENTERPRISES LIMITED TRADING AS AKA BAR - AND - BARTOSZ JEDWABNY (REPRESENTED BY CROSSCARE MIGRANT PROJECT) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Non Implementation of Rights Commissioner's Decision R-069383-Wt-08/EH
BACKGROUND:
2. The worker referred his case for implementation to the Court on the 5th March, 2009, 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 Bartosz Jedwabny, 26 – 30 North King Steet, Dublin 7 that Salmoncita Enterprises Limited trading as AKA Bar, Walnut Lodge, Carysfort Avenue, Blackrock, Co. Dublin failed to implement a decision of a Rights Commissioner, No. r-069383-wt-08/EH and dated 16th December, 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 employerof the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st April, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.