FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GERRY BLEEN (REPRESENTED BY LIZ MCKEOWN & CO) - AND - MR THOMAS CARPENTER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner's Decision has not been implemented R-085504-Wt-09/JW
BACKGROUND:
2. The worker referred his case to the Labour Court on the 29th June, 2010. The following is the Court's determination:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 by Thomas Carpenter, Bigstown, Ardee, Co Meath, that his former employer Gerard Breen (A Bankrupt) T/A Breen Contracts, C/O his trustee, Liz McKeown & Co, 3 Wellington Park, Malone Road, Belfast BT9 6DJ, failed to implement a decision of a Rights Commissioner R-085504-WT-09/JW
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 €1095 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
20th August, 2010______________________
DNChairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.
WTC/04/64DETERMINATION NO. DWT10114
SECTION 39(2), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES:
GERRY BREEN
(REPRESENTED BY LIZ MCKEOWN & CO)
- AND -
MR THOMAS CARPENTER
(REPRESENTED BY LIZ MCKEOWN & CO)
- AND -
MR THOMAS CARPENTER
SUBJECT:
1. Complaint that the Rights Commissioner’s DecisionR-085504-Wt-09/JWhas not been implemented.
BACKGROUND:
2. An application has been made by the employee that Determination No. DWT10114 does not correctly state the name and address of the employer, the correct name and address being Gerry Breen (a Brankrupt), T/A Breen Contracts,C/O his trustee, Liz McKeown & Co, 3 Wellington Park, Malone Road, Belfast BT9 6DJ.
DETERMINATION
In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997 the Court determines that the name of the employer in Determination No. DWT10114 shall be changed from Gerry Bleen(a Brankrupt), T/A Breen Contracts,C/O his trustee, Liz McKeown & Co, 3 Wellington Park, Malone Road, Belfast BT9 6DJto Gerry Breen (a Brankrupt), T/A Breen Contracts,C/O his trustee, Liz McKeown & Co, 3 Wellington Park, Malone Road, Belfast BT9 6DJ.
Signed on behalf of the Labour Court
- 16th December, 2010Kevin Duffy
Chairman