FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FENCO CONSTRUCTION LTD - AND - EDWARD KOWALSKI (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision WT65098/08/MR.
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 Mr. Edward Kowalski, 52 Baron Park, Clonmel Co. Tipperary that Fenco Construction Limited, The Beeches, Silversprings, Clonmel, Co. Tipperary failed to implement a decision of a Rights Commissioner, No. wt-65098/08/MR dated 18th August 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 €3,300.00 in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th March, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.