FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MR PATRICK MC ELROY T/A PATRICK MC ELROY MUSHROOMS (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRELAND) LTD) - AND - MS RINA AUGUSTINAVICIOTE (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Complaint that Rights Commissioner Decision No: r-100967-wt-10/SR Has Not Been Implemented
BACKGROUND:
2. A complaint was submitted to the Labour Court in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. 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 (the Act) byMs. Rina Augustinaviciote, c/o Richard Grogan & Associates, 16/17 College Green, Dublin 2 that Mr. Patrick McElroy t/a McElroy Mushrooms, Annacamp, Tyholland, Co. Monaghan failed to implement a decision of a Rights Commissioner, No. r-100967-wt-10/SR dated 20th October 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 €2,200.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd February 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.