FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : HORIZON GRAPHICS LIMITED - AND - TOMASZ CHELMINIAK (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Complaint that a Rights Commissioner’s Decision has not been implemented r-070137-wt-08/JC
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 15th May, 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 Mr. Tomasz Chelminiak, Flat 3, 79 Marlborough Street, Dublin 1, (the Complainant) that Horizon Graphics Limited, Unit 2A, Phoneix Industrial Estate, Navan Road, Dublin 15, (the Respondent) failed to implement a Decision of a Rights Commissioner No. r-070137-wt-08/JC dated 26th March 2009.
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 €1,000.00 in respect of the contraventions of the Act.
Signed on behalf of the Labour Court
Raymond McGee
29th July, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.