FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : THERESA ANDRUCETTI T/A LYNAM'S HOTEL - AND - KRZYSZTOF JAKUBIAK (REPRESENTED BY MAGUIRE MCCLAFFERTY SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Non implementation of Rights Commissioner's Decision r-058509-wt-07/JT
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 8th March 2010, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Mr. Krzysztof Jakubiak, ul. Bukowska 134C/14, 60 – 398 Poznan, Poland that Theresa Andrucetti trading as Lynam’s Hotel, 63 – 64 O’Connell Street, Dublin 1 failed to implement a Decision of a Rights Commissioner, No. r-058509-wt-07/JT dated 18th July 2008.
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 must pay the Complainant the sum of €1,000.00 in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd April, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.