FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PEAMOUNT HOSPITAL (REPRESENTED BY HSE) - AND - SIOBHAN O'REILLY (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner's Decision has not been implemented r-072242-wt-08/RG
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 29th July 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 Siobhan O'Reilly care of Peamount Hospital, Newcastle, Co. Dublin, that Peamount Hospital, Newcastle Co. Dublin, failed to implement a Decision of a Rights Commissioner, No. r-072242-wt-08/RG dated 19th August, 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 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th August, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.
WTC/11/131DETERMINATION NO. DWT11112
(r-072242) SECTION 28(8), ORGANISATION OF WORKING TIME ACT,1997
PARTIES
PEAMOUNT HOSPITAL
(REPRESENTED BY HSE)
- AND -
SIOBHAN O'REILLY
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT
1.Complaint that a Rights Commissioner's Decision has not been implemented r-072242-wt-08/RG
Addendum to DETERMINATION DWT11122 and should be read in conjunction with that Determination.
A complaint having been received under Section 28(8)of the Organisation of Working Time Act, 1997 (the Act) by Siobhan O'Reilly care of Peamount Hospital, Newcastle, Co. Dublin, that Peamount Hospital, Newcastle Co. Dublin, failed to implement a Decision of a Rights Commissioner, No. r-072242-wt-08/RG dated 19th August, 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 comply with the Rights Commissioner's Decision that "sleepover" hours should be classified as "working time".
Signed on behalf of the Labour Court
Caroline Jenkinson
Deputy Chairman
3rd October, 2011Caroline Jenkinson
Deputy Chairman
JF