FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MARTIN DUNNE TRADING AS PROTEC SECURITY SERVICES - AND - JAMES FRICKLETON (REPRESENTED BY CITIZENS INFORMATION CENTRE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Complaint That A Rights Commissioner's Decision Has Not Been Implemented R-076281-Wt-09/Jt
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 9th 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 Mr. James Frickleton, c/o Ms. Gemma Culleton, Citizens Information Centre, 27 Main Street, Portlaoise, Co. Laois that Martin Dunne t/a Protec Security Services, Duleek, Co. Meath failed to implement a decision of a Rights Commissioner, No. r-076281-wt-09/JT dated 16th 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 €5,500.00 in respect of the breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th March, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.