FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : WYEBRIDGE COMPANY LIMITED - AND - TOMAS PETRAUSKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner's decision has not been implemented R-072126-WT-08/MH.
BACKGROUND:
2. The Employee made a complaint to the Labour Court on the 12th October 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 Act, 1997 (the Act) by Mr. Tomas Petrauskas, 20 Boroimhe Alder, Swords, Co. Dublin that Wyebridge Company Limited, Kilshanroe, Enfield, Co. Kildare failed to implement a decision of a Rights Commissioner, No. r-072126-WT-08/MH dated 17th July 2009.
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 €10,000.00 in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th November, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.