FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MUHAMAD BANARAS KHAN - AND - IFTIKAHAR SABIR (REPRESENTED BY PATRICK F O ' REILLY & CO. SOLICITORS) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-072323-WT-08/RG.
BACKGROUND:
2. A Labour Court hearing took place on the 25th September 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) from Iftikahar Sabir, of 58 George Reynolds House, Irishtown Road, Irishtown, Dublin 4 (Complainant) that Muhamad Banaras Khan, Afsan Restaurant, 3 Temple Lane, Dublin 2, (Employer) failed to implement a Decision of a Rights Commissioner, no. r-72323-WT-08/RG, dated 24th February, 2009.
As the said Decision has not been carried out by the Employer and no such 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 €5,000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
29th September, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.