FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MC SWEENEY BUILDING AND CIVIL ENGINEERING LTD - AND - MR VALERIJUS ZUBRICKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Alleged non-implementation of Rights Commissioner's Decision wt-91357/10/MR.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 1st 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) byMr Valerijus Zubrickas, c/o Richard Grogan & Associates, 16/17 College Green, Dublin 2 that McSweeney Building & Civil Engineering Ltd, Main Street, Kanturk, Co. Cork failed to implement a decision of a Rights Commissioner, No. wt91357/10/MR dated 7thSeptember 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 €5,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st January, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.