FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOE COMEFORD T/A JC FURNITURE REMOVALS & STORAGE - AND - STACYS GEDRIMAITIS (REPRESENTED BY CALLAN TANSEY SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-084499-Wt-09
BACKGROUND:
2. The worker referred her case 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 Court's Determination:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Mr Stacys Gedrimaitis, Glenahulla, Mitchelstown, Co. Cork that Joe Comeford t/a JC Furniture Removals & Storage, Clombulague, Edenderry, Co. Offaly failed to implement a decision of a Rights Commissioner, No. r-084499-wt-09/MH dated 11th November 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 €8,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th May, 2011______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.