FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : A&E DINERS LIMITED - AND - MS VALENTINA CIOBANU (REPRESENTED BY CONOR O' TOOLE SOLICITOR) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Complaint that Rights Commissioner's Decision has not been implemented r-123186-wt-12/RG & r-123190-wt-12/RG
BACKGROUND:
2. The Worker referred her case to the Labour Court on the12th November 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) byMs Valentina Ciobanu, that A & E Diners Limited trading as Chicken America, Main Street, Newbridge, Co. Kildare failed to implement a Decision of a Rights Commissioner, No.r-123186-wt-12/RG andr-123190-wt-12/RGand dated the21st September 2012.
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 €3,000.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th January, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.