FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CARRAIG TUR NURSING HOME LIMITED - AND - SAMUEL ADEWUNMI 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 No. R-099283-WT-10/EH.
BACKGROUND:
2. The Worker referred the non-implementation of Rights Commissioner's Decision No. R-099283-WT-10/EH to the Labour Court on the 16th June 2011, for implementation, 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 Mr. Samuel Adewunmi, 9 Gort na Greine, Cherry Orchard, Enniscorthy, Co. Wexford that Carraig T�r Nursing Home Limited, 59 Rathgar Road, Rathgar, Dublin 6 failed to implement a decision of a Rights Commissioner, No. r-099283-wt-10/EH dated 21st March 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 to the Complainant the sum of €1,900 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th July 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.