FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FRANK DALTON - AND - BOGUSLAW SULEJ (REPRESENTED BY BALLINA CITIZENS INFORMATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Non-Implementation of a Rights Commissioner's Decision R-080573-WT-09/SR
BACKGROUND:
2. The worker referred his case to the Labour Court on the 18th February, 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 Mr. Boguslaw Sulej, 34 Riverside Drive, Ballina, Co. Mayo that Frank Dalton, Leaffoney, Kilglass, Enniscrone, Co. Sligo failed to implement a decision of a Rights Commissioner, No. r-080573-wt-09/SR dated 16th December, 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 €4,000.00 in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th March, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.