FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CLOUGHREA WASTE DISPOSAL LIMITED - AND - RIMAS BARKAUSKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Complaint of Non-Implementation of Rights Commissioner’s Decision r-069778-wt-08/EH.
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 9th September, 2009, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Determination of the Court.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time, 1997 (the Act) by Mr Rimas Barkauskas, 35 The Village, Bettystown, Co Meath that Cloughrea Waste Disposal Limited, Cloughrea, Drumconrath, Navan, Co Meath failed to implement a Decision of a Rights Commissioner, No. r-069778-wt-08/EH, dated 14th July, 2009,
As 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 to the Complainant the sum of €7,000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th November, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.