FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : KEVIN DEVLIN TRANSPORT LIMITED - AND - SEAN HANLEY (REPRESENTED BY QUINN & COMPANY, SOLICITORS & TAXATION CONSULTANTS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Complaint that Rights Commissioner's Decision has not been implemented r-121574-wt-12/EH.
BACKGROUND:
2. A complaint by a Worker was submitted to the Labour Court on 24th January, 2013 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) byMr Sean Hanley, Chapel River, Newtownmountkennedy, Co. Wicklow, that his former Employer, Kevin Devlin Transport Limited, Woodstock, Kilcoole, Co. Wicklow and having its registered office at 13 Adelaide Street, D�n Laoghaire, Co. Dublin failed to implement a Decision of a Rights Commissioner, No.r-121574-wt-12/EHdated 29th November 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
27th March, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.