FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : M & C DOYLE ENTERPRISES LTD - AND - SUSAN FITZGERALD DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Complaint that a Rights Commissioner’s Decision R-086350-WT-09/MMG has not been implemented.
BACKGROUND:
2. The worker referred her case to the Labour Court on the 1st June 2011, 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 (the Act) by Susan Fitzgerald, Churchview, Tomhaggard, Co. Wexford that M & C Doyle Enterprises Ltd, St. Patrick’s Road, Kilrane, Rosslare Harbour, Co. Wexford failed to implement a decision of a Rights Commissioner, No. r-086350-wt-09/MMG dated 14th February 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 the Complainant the sum of €2,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th June 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.