SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
EMER BOURKE TRADING AS ESOTERIC
- AND -
RITA MC HALE
(REPRESENTED BY CLARKE & FLYNN, SOLICITORS)
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Alleged non-implementation of Rights Commissioner's Decision WT6882/01/GF.
2. The case was referred to the Labour Court on the 3rd of May, 2002, in accordance with Section 28(8) of the Organisation of Working Act, 1997. A Labour Court hearing took place on the 28th of May, 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 Rita McHale, 15 the Commons, Foxford Road, Ballina, Co. Mayo,
that her former employer Emer Bourke trading as Esoteric, Arran Street, Ballina, Co.
Mayo, failed to implement a decision of a Rights Commissioner WT6882/01/GF dated 15th of March, 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 €659.73 in respect of holiday pay and compensation in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
25th June, 2002______________________
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.