FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KILBANE ENTERPRISES LTD - AND - DAMIEN HOWICK (REPRESENTED BY ERNST J. CANTILLON & CO) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Complaint That A Rights Commissioner’S Decision Has Not Been Implemented R-079884-Wt-09/JOC
BACKGROUND:
2. The worker referred his case to the Labour Court on the 8th April, 2010, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
DETERMINATION:
A complaint having being received under Section 28(8) of the Organisation of Working Time Act 1997 by Mr. Damien Howick, 42 Westcourt, Ballincollig, Co. Cork that his former employer Kilbane Enterprised Ltd. Barryscourt Business Park, Carrigtwohill, Co. Cork failed to implement a decision of a Rights Commissioner R-079884-WT-09/JOC.
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 an appeal, the Court hereby determines that the said employer pay to the said employee €2,000 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
19th May 2010______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.