FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : EAMONN BONNER T/A HAPPY TALK - AND - MICHELLE KENNY (REPRESENTED BY CON O'LEARY & CO SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Alleged non-implementation of Rights Commissioner's Decision WT11148/02/FL
BACKGROUND:
2. The case was referred to the Labour Court on the 2nd April, 2003, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 2nd May, 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 Michelle Kenny, 33 Foxdene Drive, Balgaddy, Co. Dublin that her former employer, Eamonn Bonner t/a Happy Talk, Liffey Valley Shopping Centre, Quarryvale, Dublin 22, failed to implement a decision of a Rights Commissioner WT11148/02/FL dated 22nd January, 2003.
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 €2,000 in respect of compensation for various infringements of the Act, in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
12th May, 2003______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.