FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CX ORIENTAL CASH & CARRY LIMITED - AND - RAFAL GORA (REPRESENTED BY COLM BURKE & CO. SOLICITORS) 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 wt84175/09/MR
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 16th September, 2010, 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. Rafal Gora, 12 Fernwood Cresent, Togher, Cork that CX Oriental Cash & Carry Limited, 11/13 Nyhan Business Park, Tramore Road, Cork failed to implement a Decision of a Rights Commissioner, No. wt84175/09/MR dated 27th July 2010.
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 the said Respondent must pay the Complainant the sum of
€1,000.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th October, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.