FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MJ QUAY DEVELOPMENTS LIMITED (REPRESENTED BY WILLIAM FRY SOLICITORS) - AND - KASPARS HIBSMANIS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been implemented wt46900/06/MR.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 9th July, 2009, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Kaspars Hibsmanis c/o Richard Grogan and Associates, 16-17 College Green, Dublin 2, that his former employer, M.J. Quay Developments Limited, Mountgarrett, New Ross, Co. Wexford, failed to implement a decision of a Rights Commissioner wt469000/06/MR,
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 appeal,
The Court hereby determines that the said employer pay to the said employee €5,000 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
5th August, 2009______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.