FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KELLY BROTHERS (ROADLINES) LIMITED (REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION) - AND - MARIJUS BARAUSKAS (REPRESENTED BY PC MOORE & CO) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision r-052334-wt-07/DI
BACKGROUND:
2. The worker referred his case to the Labour Court on the 4th December, 2008, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
DETERMINATION:
A complaint having been received under S.31(1) of the Organisation of Working Time Act, 1997 (the Act) from Marijus Barauskas, of 30 Maple Court, Bailieborough, Co. Cavan (complainant) that Kelly Brothers (Roadlines) Limited, of Bailieborough, Co. Cavan (employer) failed to implement a decision of a Rights Commissioner, no. r-052334/wt/07/DI, dated 1st July 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 €500 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
27th January, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.