DWT1599

FULL RECOMMENDATION WTC/15/138 DETERMINATIONNO.DWT1599 (R-138863-WT-13/GC) SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : SUNFLOWER RESTAURANTS T/A EDEN/NEDE - AND - BOGUSLAW KAISKI (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham

SUBJECT:
1. Complaint that Rights Commissioner Decision No: R-138863-Wt-13/GC has 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) by Mr. Boguslaw Kalski, 81 Fairview Close, Richmond Avenue, Dublin 3,DO3 KY55 that, Sunflower Restaurants t/a Eden/Nede, Jay Bourke, Joyce House, 22/23 Holles Street, Dublin 2, failed to implement a decision of a Rights Commissioner, No. r-138863-wt-13/GC dated 4^thNovember 2014.

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 €1,500.00 in accordance with the decision of the Rights Commissioner.





Signed on behalf of the Labour Court



Caroline Jenkinson
14th October 2015______________________
AHDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.