FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR SEAN KEARNS T/A THREADS - AND - NADEZDA ZAICEVA DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner’s Decision R-090056-WT-10 has not been implemented.
BACKGROUND:
2. The worker referred her case to the Labour Court on the 5th July 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) by Nadezda Zaiceva, 11 Grange Meadows, Rosslare Strand, Co. Wexford thatMr Sean Kearns t/a Golden Threads of Wexford Limited, Francis Street, Wexfordfailed to implement a decision of a Rights Commissioner, No.R-090056-WT-10dated 5th May 2011,
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 €500 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th August 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.