FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOE MCGOVERN TRANSPORT LIMITED - AND - DZINTARS GIERTMANIS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner's Decision has not been implemented No.R-063540-WT-08/SR.
BACKGROUND:
2. A Labour Court hearing took place on the 28th September, 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. Dzintars Giertmanis, 79 Aughaskerry Drive, Co. Cavan that Joe McGovern Transport Limited, Silverstown, Bawnbay, Co. Cavan failed to implement a decision of a Rights Commissioner, No. r-063540-WT-08/SR dated 27th April 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 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
18th October, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.