FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR PAUL WALSH T/A JP DISTRIBUTION - AND - MR PIOTR PROCEK (REPRESENTED BY TERENCE J O'SULLIVAN SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner's Decision R-094531-WT-10/DI has not been implemented.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 5th September 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) byPiotr Procke that Paul Walsh t/a J P Distributionfailed to implement a decision of a Rights Commissioner, No. r-094531-wt-10/DI dated 21st 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 €7,500 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th October 2011______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.