FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MARAHILL INVESTMENTS LIMITED T/A MORRISSEYS - AND - LUKASZ SMETEK (REPRESENTED BY NORESIDE RESOURCE CENTRE) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been implemented r-068338-wt-08/RG.
BACKGROUND:
2. The Worker's Representative referred the case to the Labour Court on the 10th June, 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) from Lukasz Smetek of 35 Parliament Street, Kilkenny, (the Complainant) that Marahill Investments Limited T/A Morrisseys of 20 Rose Inn Street, Kilkenny, (the Employer) failed to implement a Decision of a Rights Commissioner No. r-68338-wt-08/RG, dated 2nd February, 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 Claimant the sum of €6000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
31st July, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.