FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KENNETH MAHER AND BRIDIE MAHER T/A KEN MAHER BUILDING CONTRACTORS - AND - MARIUS SOPIS (REPRESENTED BY PC MOORE & CO) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged Non-Implementation Of Rights Commissioner's Decision R-061203-Wt-08/Rg
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 16th December, 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 teh Organisation of Working Time Act, 1997 (the Act) from Marius Sopis, of 37 Annsfield Woods, Baylough, Co Westmeath (complainant) that Kenneth Maher & Bridie Maher, T/A Ken Maher Building Contractors, of Ferbane, Co Offaly (employer) failed to implement a decision of a Rights Commissioner, no. r-061203/WT/08/RG, dated 6th October, 2008.
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 €3500.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
24th February, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.