FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : WALKINSTOWN AUTO SERVICES LIMITED - AND - MARCIN ROSKIEWICZ (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been implemented r-089042-wt-09/JT
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 7th October, 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. Marcin Roskiewicz, c/o Richard Grogan & Associates, Solicitors, 16–17 College Green, Dublin 2 that Walkinstown Auto Services Limited, Greenhills Road, Walkinstown, Dublin 12 failed to implement a Decision of a Rights Commissioner, No. r-089042-wt-09/JT dated 30th 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 €5,000.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th November, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.