FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : HSE WEST - AND - SUSAN DELANEY (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Complant that a Rights Commissioner's Decision has not been implemented R-072251-Wt-08/Mh
BACKGROUND:
2. The worker referred her case to the Labour Court on the 29th Juky, 2011. 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, by Susan Delaney, Killyan, Newbridge, Ballinasloe, County Galway, that her employer, HSE West, Merlin Park, Galway, failed to implement a decision of a Rights Commissioner r-072251 -wt-08,
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 appeal,
The Court hereby determines that the said employer comply with the provisions of the Act by treating time spent on "sleepover" as "working time" as defined in the Act and pay to the said employee the sum of €500 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
23rd September, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.