FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : WIDESTAR LIMITED TRADING AS DAKOTA BAR - AND - WISEMAN MALGALISO (REPRESENTED BY MANDATE) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Complaint of non implementation of Rights Commissioner's Decision R-067311-WT-08/EH.
BACKGROUND:
2. A Labour Court hearing took place on the 1st May 2009. The following is the Determination of the Court:-
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Wiseman Malgaliso, 27 Cardy Rock Close, Balbriggan, Co. Dublin that Widestar Limited trading as Dakota Bar, 8 South William Street, Dublin 2 Company Registration Number 253552 failed to implement a decision of a Rights Commissioner, No. r-067311-WT-08/EH and dated 8th January 2009.
And the said decision not having been carried out by the employer,
And no such 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 €1,000.00 in respect of the breach by the employer of Section 12 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th May, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.