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2003

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DWT033

FULL RECOMMENDATION

WTC/02/77
DETERMINATIONNO.DWT033
(WT7743/02/MR)

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



PARTIES :
M&M SERVICES LIMITED

- AND -

MARTIN FINN


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
SUBJECT:
1. Alleged non implementation of Rights Commissioners Decision WT7743/02MR.


BACKGROUND:

2. The worker referred his case to the Labour Court for implementation on the 4th of December, 2002, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 17th of January, 2003. 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 Martin Finn, Farthinquille, Dromina, Charleville, Co Cork, that his former employer M&M Services Limited, Dromina, Charleville, Co Cork failed to implement a decision of a Rights Commissioner WT7743/02/MR dated 17th October, 2002,

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 pay to the said employee €5,000 in respect of compensation in accordance with the decision of the Rights Commissioner.



Signed on behalf of the Labour Court



Finbarr Flood
23rd January, 2003______________________
CON/MB.Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.

WTC/02/77DETERMINATION NO. DWT033

SECTION 39(2), ORGANISATION OF WORKING TIME ACT, 1997


PARTIES:
M & M SERVICES LIMITED

-AND-

MARTIN FINN
SUBJECT:

1. Complaint that the Rights Commissioner’s Decision WT7743/02/MR has not been implemented.

BACKGROUND:

2. An application has been made by the employee that Determination No. DWT033 does not correctly state the name and address of the employer, the correct name and address being Dromina Plant Hire and Transport Limited, 5 Deerpark Heights, Charleville, Co. Cork

DETERMINATION

In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997 the Court determines that the name of the employer in Determination No. DWT033 shall be changed from M & M Services Limited to Dromina Plant Hire and Transport Limited, 5 Deerpark Heights, Charleville, Co. Cork.



Signed on behalf of the Labour Court


26th May, 2003Hugh O Neill
  • Registrar









 
 
 
 
 
 
 
 
 

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