FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR AMJAD HUSSEIN T/A POPPODOM - AND - MUHAMMAD AZAM (REPRESENTED BY MIGRANT RIGHTS CENTRE IRELAND) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Alleged non-implementation of Rights Commissioner's Decision r-080968-wt-09/JOC.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 9th May, 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 Muhammad Azam represented by MRCI, 55 Parnell Square West, Dublin 1 that Mr Amjad Hussein t/a Poppodom, 46 Rochfort Park, Lucan, Co. Dublin failed to implement a decision of a Rights Commissioner, No. r-080968-wt-09/JOC dated 2nd December 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 €3,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th June, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.