FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MICHAEL MANNION AND WAYNE MANNION TRADING AS MANNION PAINTING CONTRACTORS - AND - MAREK GRABOWSKI (REPRESENTED BY JAMES HANLEY & CO. SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Complaint that Rights Commissioner's Decision No: R-074198-Wt-09/EOS has not been implemented
BACKGROUND:
2. A complaint was submitted to the Labour Court in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Court's Determination:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, by Marek Grabowski, Convent Road, Claremorris, Co. Mayo, that his former employer Michael Mannion and Wayne Mannion t/a Mannion Painting Contractors, Rooskeybeg, Claremorris, Co. Mayo and Brookhill, Rooskeybeg, Claremorris, Co. Mayo, failed to implement a decision of a Rights Commissioner r-074198-wt-09/EOS,
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 appeal,
The Court hereby determines that the said employer pay to the said employee €600.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
4th April 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.
WTC/11/37DETERMINATION NO. DWT1135
SECTION 39(2), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES:
MICHAEL MANNION AND WAYNE MANNION TRADING AS
MANNION PAINTING CONTRACTORS
-AND-
MAREK GRABOWSKI
REPRESENTED BY JAMES HANLEY AND CO SOLICITORS
SUBJECT:MANNION PAINTING CONTRACTORS
-AND-
MAREK GRABOWSKI
REPRESENTED BY JAMES HANLEY AND CO SOLICITORS
1. Complaint that the Rights Commissioner’s Decision r-074198-wt-09/EOS not been implemented.
BACKGROUND:
2. An application has been made by the employee's representative that Determination No. DWT1135 does not correctly state the amount of compensation awarded by the Rights Commissioner in respect of breaches of the Organisation of Working Time Act, 1997, the correct amount being €4000.00
DETERMINATION
In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997 the Court determines that the amount in the Determination be changed from €600.00 to €4000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
- 8th June, 2011
Brendan Hayes
Deputy Chairman