FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FORTY SEVEN THE BISTRO LIMITED - AND - ANNA BAROWIAK (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision r-083975-wt-09/JOC.
BACKGROUND:
2. The worker referred her case to the Labour Court on the 23rd November 2010, 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. Anna Borowiak, 12 Magenta Drive, Grant Manor, Waterford that Forty Seven The Bistro Limited, 47 Patrick Street, Waterford failed to implement a decision of a Rights Commissioner, No. r-083975-wt-09/JOC dated 16th September 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 €7,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th January, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.