FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JAVLIN FORMWORK LIMITED - AND - ZDZISLAW SIWEK (REPRESENTED BY MAGUIRE MCCLAFFERTY SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been implemented r-061613-wt-08/MMG
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 21st February 2011, 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 Zdzislaw Siwek, Ul. Narcyzowa 11, 26-300 Opoczno, Poland, that his former Employer Javlin Formwork Limited, 4 Killyman Street, Moy, Dungannon, Co. Tyrone, BT71 7SJ, Northern Ireland failed to implement a Decision of a Rights Commissioner, No. r-061613-wt-08/MMG dated 18th June 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 €1,000.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
12th April, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.