FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : BARRY MC HUGH T/A BM PROJECT MANAGEMENT - AND - KAZIMIERZ TOMCZYK (REPRESENTED BY PADRAIG MURPHY SOLICITOR) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Complaint that a Rights Commissioner's Decision has not been implemented No. R077503-WT-09/POB.
BACKGROUND:
2. The Worker referred a complaint of non-implementation of a Rights Commissioner's Decision to the Labour Court on the 28th March 2011, 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, Kazimierz Tomczyk, 54 South William Street, Dublin 2, that his former employer Barry McHugh trading as BM Project Management, Ennistown, Porterstown Lane, Rathoath, Co. Meath, failed to implement a decision of a Rights Commissioner No. R-077503-WT-09/POB
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 frame for such appeal,
The Court hereby determines that the said employer pay to the said employee €1,600 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
9th May, 2011______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.