FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GYPMAC CONSTRUCTION LIMITED - AND - DOMINIC HULAK (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Complaint that a Rights Commissioner's Decision has not been implemented r-90736-wt-10/RG.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 1st April, 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 Mr Dominick Hulak, c/o Richard Grogan Solicitors, 16-17 College Green, Dublin 2, that Gypmac Construction Limited, 34 Rockfield Park, Ardee, Co Louth, failed to implement a Decision of a Rights Commissioner, No. r-090736-wt-10/RG dated 13th October 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 €2,500 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th May, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.