FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : CLANE INN LIMITED T/A MAUDLINS HOUSE HOTEL - AND - RAFAL CIESLIK (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Complaint that a Rights Commissioners Decision has not been implemented r-124850-wt-12/DI.
BACKGROUND:
2. A Rights Commissioner hearing took place on the 6th November 2012, and a Decision was issued on the 20th February 2013.
The Worker appealed the Decision of the Rights Commissioner to the Labour Court on the 11th October 2013 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 12th December 2013.
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) byMr Rafal Cieslik, 281, Sunday’s Well, Naas, Co. Kildare, that his former employer, Clane Inn Ltd t/a Maudlins House Hotel, Dublin Road, Naas, Co. Kildare, failed to implement a decision of a Rights Commissioner, No. r-124850-wt-12/DI dated 20thFebruary 2013.
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 €440.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
6th January, 2014.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.