FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TOP SECURITY LIMITED T/A TOP SECURITY (REPRESENTED BY MANAGEMENT SUPPORT SERVICE (IRELAND) LIMITED) - AND - MR OLUFEMI ODUNLAMI (REPRESENTED BY MARK MC PARLAND SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Alleged non-implementation of Rights Commissioner's Decision r-107160-wt-11.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 21st February, 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, by Olufemi Odunlami, 139 Newhaven Bay, Balbriggan, Co. Dublin that his former employer Top Security Limited t/a Top Security, Westgate House, Westgate Business Park, Ballymount, Dublin 24, failed to implement a decision of a Rights Commissioner, No. r-107160-wt-11, dated 3rd 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 appeal,
The Court hereby determines that the said Respondent must pay the Complainant the sum of €950 for breach of the Act and €1,500 compensation in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th April, 2012______________________
COFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Colm O'Flaherty, Court Secretary.