FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOHN O ' MAHONY T/A THE BROGAN INN - AND - WIOLETTA CZARNEKA (REPRESENTED BY FLEMING & BARRETT SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Complaint that a Rights Commissioner’s Decision R-056433-Wt07/JOC has not been Implemented
BACKGROUND:
2. The worker referred his case to the Labour Court on the 18th January 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 Ms. Wioletta Czarnecka, 1 summerhill Close, Watergate Street, Brandon Co. Cork that John O’Mahony t/a The Brogan Inn, 6 Dunvale Grove, Frankfield, Douglas, Cork failed to implement a decision of a Rights Commissioner, No. r-056433-wt-07/JOC dated 3rd March 2010.
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 €1,856.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th February 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.