FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KEITH CUDDEN (REPRESENTED BY NIALL COLLINS & CO) - AND - SANTIS KAUGERS (REPRESENTED BY P.C. MOORE & CO.) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Non implementation of a Rights Commissioner Decision No. r-057142-WT-07/JW.
BACKGROUND:
2. The Employee has complained to the Labour Court that a decision of a Rights Commissioner No. r-057142-WT-07/JW has not been implemented. A Labour Court hearing took place on the 16th March, 2010. The following is the Determination of the Court:-
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Mr. Santis Kaugars, 8 Beaulieu Mews, Greenhills, Drogheda, Co. Louth that Keith Cudden, Drogheda Road, Duleek, Co. Meath failed to implement a decision of a Rights Commissioner, No. r-057142-wt-07/JW dated 10th March, 2008.
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 €4815.00 in respect of breaches of Sections 12, 15 and 23 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th March, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.