FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CALDALE CONSTRUCTION LIMITED - AND - TOMAS ZIMBLYS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal against a Rights Commissioner’s Decision R-053656-WT-07
BACKGROUND:
2. The worker referred his case to the Labour Court on the 9th 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 (the Act) by Tomas Zimblys, 33 Pine Street, Nelson, England, BB99RE that Caldale Construction Limited , 53 Garranard, Tuir Uisce, Galway failed to implement a decision of a Rights Commissioner, No. r-053656-wt-07MH dated 24th March 2010.
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 €5000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th July, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.