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2003

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DWT038

FULL RECOMMENDATION

WTC/03/14
DETERMINATIONNO.DWT038
(WT10298/02/LM)

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



PARTIES :
TADHG O'NEILL T/A NIGHT FORCE SECURITY

- AND -

MARTIN CORNALLY


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
SUBJECT:
1. Alleged non-implementation of Rights Commissioner's Decision WT10298/02/LM.


BACKGROUND:

2. The employee made a complaint 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, by Mr Martin Cornally that his employer Tadgh O' Neill T/A Night Force Security, Cranndearg, Kilrush, Dublin Road, Athy, Co. Kildare failed to implement a decision of a Rights Commissioner No. WT10298LM dated 3rd December, 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 appeals,

The Court hereby determines that the said employer pay the sum of €1200 in respect of annual leave entitlement in accordance with the decision of the Rights Commissioner.



Signed on behalf of the Labour Court



Caroline Jenkinson
13th March, 2003______________________
CMCMDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Carmel McManus, Court Secretary.




 
 
 
 
 
 
 
 
 

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