FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MCR PERSONNEL LTD - AND - PAULINA MICHTA (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision r-077212-Wt-09/EH.
BACKGROUND:
2. A complaint was submitted to the Labour Court in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. 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 (the Act) by Ms. Pauline Michta, 19 Talbot Street, Dublin 1, that MCR Personnel Limited, 1 – 3 Mary's Abbey, The Capel Building, Dublin 7, failed to implement a decision of a Rights Commissioner, No. r-077212-wt-09/EH dated 10th September 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 comply with the relevant provisions of Sections 17, 19, 20 and 21 of the Act and must pay the complainant the sum of €3,500.00 in respect of the breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd February, 2010______________________
Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.