FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : ERIC O'REILLY T/A CSM HEALTHCARE CLINIC - AND - VALERIE NEWMAN (REPRESENTED BY MARTINA SHERIDAN & CO SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Non implementation of Rights Commissioner's Decision r-063832-wt-08/JT
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 7th April, 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 Ms. Valerie Newman, Boyerstown, Navan Co. Meath that CSM Healthcare Clinic/Eric O’Reilly, Kingscourt Road, Simonstown, Navan Co. Meath failed to implement a Decision of a Rights Commissioner, No. r-063832-wt-08/JT and dated 30th 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 €1,123.20 in respect of the breach by the Employerof Sections 19 and 22 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd June, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.