FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JAMES GOUGH & MICHAEL CAMPBELL T/A THE VIKING LODGE HOTEL (REPRESENTED BY CULLEN & CO SOLICITORS) - AND - LUCYNA CIEROCKA (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision r-080392-wt-09/JC.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 16th July 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 Ms. Lucyna Cierocka, c/o Richard Grogan & Assoicates, 16 – 17 College Green, Dublin 2 that James Gough & Michael Campbell trading as The Viking Lodge Hotel , 34/36 Francis Street, Dublin 8 failed to implement a Decision of a Rights Commissioner, No. r-080392-wt-09/JC dated 5th May 2010.
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 the said Respondent must pay the Complainant the sum of €950.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd August, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.