FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : THISTLEWOOD BUILDING CONTRACTORS LIMITED - AND - ANDRIY KONIK (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Complaint that Rights Commissioner’s Decision No r-073563-wt-08/DI has not been implemented.
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 Determination of the Court:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Mr. Andriy Konik, Apartment 2, Archway House, The Plaza, Malahide Road, Swords, Co Dublin that Thistlewood Building Contractors Limited, Cong, Co. Mayo failed to implement a decision of a Rights Commissioner, No. r-073563-wt-08/DI dated 9th 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 pay the complainant the sum of €3,500 in respect of the breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th January 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.