FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : IVOR DOHERTY TRADING AS LEINSTER TILING - AND - MILAN STANEK (REPRESENTED BY COUNTY LONGFORD CITIZENS INFORMATION SERVICE) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Complaint of Rights Commissioner's Decision has not been implemented r-077021-wt-09/JW.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 20thJanuary, 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 Milan Stanek, vl. Brnenska 493, Kuty 90801, Slovakia that Ivor Doherty trading as Leinster Tiling, Gainstown, Mullingar, Co. Westmeath failed to implement a Decision of a Rights Commissioner, No. r-077021-wt-09/JW dated 2nd December 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 €2,940.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th March, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.