FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DUBLIN MEATH GROWERS SOCIETY LIMITED - AND - OLEG GERASYMENKO (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been complied with r-067089-wt-08/EH
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 11th May 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) from Oleg Gerasymenko, of 6 Charlestown Way, Finglas, Dublin 11, (Complainant) that Dublin Meath Growers Ltd, of Broughan, Kilshane Cross, The Ward, Co. Dublin (Employer) failed to implement a Decision of a Rights Commissioner, No. r-067089-wt-08/EH, dated 6th March, 2009,
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 €1,250.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
1st July, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.