FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : M. MCGUIRE HAULAGE LIMITED (REPRESENTED BY ESA CONSULTANTS) - AND - VIDAS SINKUNAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Non implementation of Rights Commissioner's Decision R-057135-Wt-07/Di
BACKGROUND:
2. The worker referred his case for implementation to the Labour Court on the 4th February, 2009. The following is the Court's determination:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Vidas Sinkunas, 2 Father Matthew Court, Tipperary Town, Co. Tipperary, that M. McGuire Haulage Limited, Ahenure, Callan, Co. Kilkenny failed to implement a decision of a Rights Commissioner, No. r-057135-wt-07/DI and dated 24th November 2008,
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 €750.00 in respect of the breaches by the employer of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th May, 2009______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.