FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MCR PERSONNEL LIMITED - AND - KATARZYNA KLAUS-NOWAK (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been implemented r-076240-wt-09
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 10th December, 2009, 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. Katarzyna Kalus-Nowak, 20 The Paddocks Place, Lucan, Co. Dublin that MCR Personnel Limited, 1 – 3 the Capel Building, Mary’s Abbey, Dublin 7 failed to implement a Decision of a Rights Commissioner, No. r-076240-wt-09 dated 27th October 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 pay the complainant the sum of €8,500.00 in respect of the breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd January, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.