FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : COLLETTE MURPHY - AND - MARIAN SKINDER (REPRESENTED BY MAGUIRE MCCLAFFERTY SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Non-implementation of a Rights Commissioner's decision No.R-072738-WT08/MMG.
BACKGROUND:
2. The Worker referred a complaint of non-implementation of a Rights Commissioner's Decision to the Labour Court on the 2nd March, 2010, 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. Marian Skinder, ul. Grebocka 6A, 87-162 Lubicz, Poland that Collette Murphy, Milltown, Dunlavin, Co. Wicklow failed to implement a decision of a Rights Commissioner, No. r-072738-WT-08/MMG dated 18th June 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 must pay the complainant the sum of €2,000.00 in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th April, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.