FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MILANOS FOOD FARE LTD - AND - SYLWIA LEWALSKA (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Complaint that Rights Commissioners Decision No's R-114401-Wt-11/GC and r-118323-wt-11/GC have 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 Sylwia Lewalska, c/o Richard Grogan & Associates Solicitors, 16-17 College Green, Dublin 2 that Milanos Food Fare Ltd, 58 Liberty Square, Thurles, Co. Tipperary failed to implement a decision of a Rights Commissioner No's r-114401-wt-11/GC and r-118323-wt-11-/GCdated 26thSeptember 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 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.