FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JAMES MCGARRIGLE - AND - RIMANTAS STUPURAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner's Decision has not been implemented R-066191-Wt-08/EH.
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 6th April, 2009, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Court's Determination.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time, 1997 (the Act) from Rimantas Stupuras, of 6 Earlsfort Vale, Lucan, Co Dublin (Complainant) that James McGarrigle, of Peacockstown, Kilbride, Dublin 15 (Employer) failed to implement a Decision of a Rights Commissioner, No. r-066191-WT-08/EH, dated 22nd October, 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 €5000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
26th May, 2009.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.