SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Alleged non-implementation of Rights Commissioner's Decision WT288/98/MR.
2. The worker was employed from the 2nd of September, 1995 to the 26th of June, 1998. He claims that during that time he received no holiday or "Bank Holiday" pay and that he is owed £480. The case was referred to a Rights Commissioner and a hearing took place on the 23rd of December, 1998. His recommendation is as follows:
"In accordance with the Act, I hereby decide that Tom Ryan should now pay Patrick Holleran a sum of £480 in resolution of this dispute."
On the 25th of May, 1999, the worker made a complaint to the Court, in accordance with Section 28 (8), of the Organisation of Working Time Act, 1997, that the payment of £480 had not been made. A Labour Court hearing took place on the 8th of September, 1999, in Clonmel.
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997, by Patrick Holleran, Cloughabreeda, Cahir, Co. Tipperary that his employer, Mr. Tom Ryan, Hymenstown, New Inn, Co. Tipperary, failed to implement a decision of a Rights Commissioner No. WT288/98/MR dated the 4th of March, 1999,
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 holiday pay in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
28th September, 1999______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.