FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MICHAEL NOLAN STEEL FABRICATING LIMITED (REPRESENTED BY PAUL A FERRIS & CO SOLICITORS) - AND - TIMOR DONOS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Complaint of Rights Commissioner's Decision has not been implemented r-105080-wt-11/EH.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 7thFebruary 2012, 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 Timor Donos that Michael Nolan Steel Fabricating Limited, Maudlins Industrial Estate, Monread Road, Naas Co. Kildare, having its registered office at Merchant's Court, 24 Merchant's Quay, Dublin 8 failed to implement a Decision of a Rights Commissioner, No. r-105080-wt-11/EH dated 21st November 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 Employer must pay to the said Employee the sum of €2,500.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
4th April, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.