FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : PEAMOUNT HOSPITAL (REPRESENTED BY HSE) - AND - ANTOINETTE O'REILLY (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner's Decision has not been implemented R-072246-WT-08/RG.
BACKGROUND:
2. The Worker concerned referred a complaint of non-implementation of a Rights Commissioner's Decision No. R-072246-WT-08/RG to the Labour Court on the 29th July 2011, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Determination of the Labour Court:-
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Antoinette O'Reilly, 3 St. Mark's Green, Clondalkin, Dublin 22 that Peamount Hospital, Newcastle, Co. Dublin failed to implement a decision of a Rights Commissioner, No. r-072246-wt-08-RG dated 19th September 2009,
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 €1,000 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th September, 2011.______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.
WTC/11/132DETERMINATION NO. DWT11128
SECTION 28(8) , ORGANISATION OF WORKING TIME ACT,1997
PARTIES:
PEAMOUNT HOSPITAL
(REPRESENTED BY HSE)
-AND -
ANTOINETTE O'REILLY
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT:
1. Complaint that a Rights Commissioner's Decision has not been implemented.
Addendum to DETERMINATION DWT11128 and should be read in conjunction with that Determination
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Antoinette O'Reilly, c/o Peamount Hospital, Newcastle, Co. Dublin that Peamount Hospital, Newcastle, Co. Dublin failed to implement a decision of a Rights Commissioner No. r-072246-WT-08/RG dated 19thSeptember 2009.
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 comply with the Rights Commissioner's Decision that "sleepover" hours should be classified as "working time".
Signed on behalf of the Labour Court
3rd October, 2011
Caroline Jenkinson
_______________
Deputy Chairman