FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MCKENNA REFRIGERATION LIMITED - AND - ANDRZEJ BUJAK (REPRESENTED BY NIKOLA BUJAK) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Complaint that a Rights Commissioner's Decision No: r-071215-wt-08/SR has not been implemented
BACKGROUND:
2. A complaint was submitted to the Labour Courrt 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 Act, 1997 (the Act) by Mr. Andrzej Bujak, 86 New Heston Road, Heston, Hounslow, MiddlesexTW50LF, England that McKenna Refrigeration Limited, Mullaghmore, Tydavnet, Co. Monaghan failed to implement a decision of a Rights Commissioner, No. r-071215-wt-08/SR dated 27th April 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 €8000.00 in respect of the breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th October 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.