FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOHN CLEARY T/A BURKE'S BAR - AND - MATILDA FALLON DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Complaint That A Rights Commissioner's Decision Has Not Been Implemented R-068177-Wt-08/Jw
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 24th 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. Matilda Fallon, 5 Boderg, Shannon Court, Carrick-on-Shannon, Co. Leitrim that John Cleary t/a Burkes Bar, Hartley, Carrick-on-Shannon, Co. Leitrim failed to implement a decision of a Rights Commissioner, No. r-068177-wt-08/JW and dated 5th January 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 €790.00 in respect of the breach by the employerof Section 19 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th June, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.