FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MAHAL CATERING LTD T/A KHAN'S BALTI HOUSE - AND - TANVEER AHMAD (REPRESENTED BY MIGRANT RIGHTS CENTRE IRELAND) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner’s Decision has not been implemented No. R-089769-WT-09/JC.
BACKGROUND:
2. The Worker referred his complaint to the Labour Court on the 1st March 2011, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. 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) that Tanveer Ahmad, c/o Migrant Rights Centre Ireland, 55 Parnell Square West, Dublin 1 that Mahal Catering Limited t/a Khan's Balti House, 51a Main Street, Donnybrook, Dublin 4 failed to implement a decision of a Rights Commissioner, No. r-089769-WT-09/JC dated 23rd June 2010.
And the said decision not having been carried out by the employer,
and no such 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 €13,000 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th April 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.