FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : TOM O'CONNOR TRADING AS TOM O'CONNOR & SONS - AND - LESZEK RUPINSKI (REPRESENTED BY JOHN J. QUINN & COMPANY SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Complaint that a Rights Commissioner's Decision has not been implemented r-120405-wt-12/SR.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the20th December, 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 Leszek Rupinski represented by John J. Quinn & Company, Solicitors, Earl Street, Longford that Mr. Tom O'Connor, trading as Tom O'Connor & Sons, Four Mile House, Co. Roscommon failed to implement a Decision of a Rights Commissioner, No. r-120405-wt-12/SR dated 30th August, 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 €2,000.00 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
6th March, 2013______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.