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2002

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DWT0250

FULL RECOMMENDATION

WTC/02/62
DETERMINATIONNO.DWT0250
(WT8712/02/GF)

SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997



PARTIES :
CANDELINO CATERING LTD

- AND -

LUCINDA SMITH


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr. Somers
SUBJECT:
1. Alleged non implementation of Rights Commissioners Decision WT8712/02/GF


BACKGROUND:

2. An application has been made by the employee that WT8712/02/GF has not been implemented by the employer. A Labour Court hearing took place on the 24th October 2002.


DETERMINATION:

A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1977 (the Act) by Ms. Lucinda Smith, 52 Griffith Road, Finglas East, Dublin 11, that her former employer Candelino Catering Ltd, 9 Brian Road, Marino, Dublin 3, failed to implement a decision of a Rights Commissioner-No. WT8712/02/GF.


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 an appeal.

The Court hereby determines that the said Employer pay to the said Employee the sum of €380 in respect of holiday pay in accordance with the Decision of the Rights Commissioner,

The Court so decides.



Signed on behalf of the Labour Court



Finbarr Flood
15th, November, 2002______________________
HMCD/MB.Chairman



NOTE

Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.




 
 
 
 
 
 
 
 
 

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