FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : DENIS CORBETT CONSTRUCTION LIMITED (REPRESENTED BY LYNCH SMYTH & COMPANY SOLICITORS) - AND - ADAM WINNICKI (REPRESENTED BY LIMERICK CITIZENS INFORMATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision WT/062339/08/MR.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 26th 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 Mr. Adam Winnicki, c/o Citizen Information Centre, Newcastlewest, Co. Limerick that Denis Corbett Construction Limited, Newcastlewest, Co. Limerick failed to implement a decision of a Rights Commissioner, No. WT/062339/08/MR dated 22nd May 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 the said Respondent must pay the Complainant the sum of €1,130.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th August, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.