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DWT12109

FULL RECOMMENDATION

WTC/12/141
DETERMINATION NO. DWT12109
(r-109386-wt-11)

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



PARTIES :
BEHY DOWNS LTD

- AND -

TRACEY KEANE
(REPRESENTED BY BALLINA CITIZEN'S INFORMATION)


DIVISION :

Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Complaint that a Rights Commissioner's Decision R-109386-WT-11 has not been implemented.


BACKGROUND:

2. The Worker referred her case to the Labour Court on the 20th June, 2012 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 by Tracey Keane, that her former employer Behy Downs Limited, failed to implement a decision of a Rights Commissioner R-109386-WT-11 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 appeal,

The Court hereby determines that the said Employer must pay to the said Employee €700 in accordance with the decision of the Rights Commissioner.




Signed on behalf of the Labour Court



Kevin Duffy
19th July 2012 ______________________
SC Chairman



NOTE

Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.