SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
MR CHARLES DUNLEAVEY
- AND -
MR PETER FITZPATRICK
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Mr. Somers
1. Alleged non-implementation of Rights Commissioner's Decision WT6761/01/TB.
2. The worker appealed the Rights Commissioner's Decision No. WT6761/01/TB to the Labour Court on the 27th of March, 2002, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 23rd of July, 2002. The following is the Court's Determination: -
A complaint, having been received under Section 28(8) of the Organisation of Working Time Act, 1997, by Peter Fitzpatrick, 11 Marion Terrace, Slane, Co. Meath, that his former employer, Charles Dunleavy, Janesville, Slane, Co. Meath, failed to implement a decision of a Rights Commissioner WT6761/01/TB, dated 11th of February, 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 €571 in respect of holiday pay in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
29th July, 2002______________________
Enquiries concerning this Determination should be addressed to Caroline Hayes, Court Secretary.