FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DAVE PEARSE T/A LEITRIM MARINA HOTEL LIMITED - AND - ZAHID MONIN CHOWDHUTY (REPRESENTED BY LEITRIM CITIZENS INFORMATION SERVICE) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of a Rights Commissioner's Decision r-051663-wt-07/SR.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 25th July, 2008, 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 Zahid Monin Chowdhuty, of Apt 1, The Plaza, Central Park, Carrick-on-Shannon, Co. Leitrim, (Complainant) that Dave Pearse T/A Leitrim Marina Hotel, Leitrim village, Co Leitrim & Clara House, 23 Leinster Road, Rathmines, Dublin 6 (Employer) failed to implement a Decision of a Rights Commissioner, No. r-051663-wt-07/SR, dated 10th April, 2008,
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 €3,000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
29th June, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.