FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KIELY WHITE MANAGEMENT LIMITED - AND - DAN LEITE MARTINS DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Non implementation of a Rights Commissioner's Decision r-082277-wt-09/EH
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 9th February, 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 Dan Leite Martins, 17 Belvidere Avenue, North Circular Road, Dublin 1, that his former Employer Kiely White Management Limited, 5D Station Road Business Park, Clondalkin, Dublin 22, failed to implement a Decision of a Rights Commissioner r-082277-wt-09/EH issued on 14th December, 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 appeal,
The Court hereby determines that the said Employer pay to the said Employee one thousand euro (€1,000.00) in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
23rd April, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.