FULL RECOMMENDATION
SECTION 28 (8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : JOE LANIGAN - AND - HAROLD GUEVARA ALIAGA DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Connolly Worker Member: Mr Hall |
1. A complaint of the non-implementation of a Rights Commissioner's Decision No. r-15998-wt-15/RG.
BACKGROUND:
2. The Worker referred his case to the Labour Court on the 15 February 2019, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
The following is the Determination of the Court:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Mr Harold Guevara Aliaga, 21 McAuley Avenue, Artane, Dublin 5, that Joe Lannigan t/a Lanscreen Limited 11/12 Baggot Court, Baggot Street Lower, Dublin 2 (Dissolved effective date 16th May 2018) failed to implement a decision of an Adjudication/ Rights Commissioner, No. r-159998/-wt-15-RG dated 29thFebruary 2016.
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 €927.20 in accordance with the decision of the Adjudication/Rights Commissioner.
Signed on behalf of the Labour Court
Louise O'Donnell
1st April 2019______________________
CRDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.