FULL RECOMMENDATION
SECTION 31(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : DUNDALK WINDSCREENS CENTRE LIMITED - AND - PADDY BOYLAN (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Alleged non-implementation of Rights Commissioner's Decision MW10771/02/JH
BACKGROUND:
2. The worker referred his case to the Labour Court on the 23rd of January, 2004. The following is the Court's determination:
DETERMINATION:
A complaint having been received under the National Minimum Wage Act by Patrick Boylan that his former employer, Dundalk Windscreens Centre Limited, having its registered office at Coes Road, Dundalk, Co. Louth, failed to implement a decision of a Rights Commissioner MW10771/02/JH dated 29th of April, 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 €743.58 in settlement of his claim under the Minimum Wage Act, 2000, in relation to the underpayment of wages in accordance with the decision of the Rights Commissioner
Signed on behalf of the Labour Court
Finbarr Flood
23rd March, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.
MWA/04/2DETERMINATION NO. MWD042
SECTION 39(2), ORGANISATION OF WORKING TIME ACT, 1997, as amended by SECTION 45 OF THE NATIONAL MINIMUM WAGE ACT, 2000.
PARTIES:
- DUNDALK WINDSCREENS CENTRE LIMITED
-AND-
PADDY BOYLAN
(REPRESENTED BY SERVICES INDUSTRAL PROFESSIONAL TECHNICAL UNION)_
PADDY BOYLAN
(REPRESENTED BY SERVICES INDUSTRAL PROFESSIONAL TECHNICAL UNION)_
SUBJECT:
1. Alleged non implementation of Rights Commissioner’s Decision MW10771/02/JH
BACKGROUND:
2. An application has been made by the employee that Determination No. MWD042 does not correctly state the name and address of the employer, the correct name and address being Dundalk & Drogheda Windscreen Co. Limited, Unit B1 Bay Retail Park, Coes Road Industrial Estate, Coes Road, Dundalk, Co. Louth.
DETERMINATION
In exercise of its powers under Section 39(2) of the Organisation of Working Time Act, 1997, as amended by Section 45 of the National Minimum Wage Act, 2000, the Court determines that the name of the employer in Determination No. MWD042 shall be changed from Dundalk Windscreens Centre Limited, Coes Road, Dundalk, Co. Louth to Dundalk & Drogheda Windscreen Co. Limited, Unit B1 Bay Retail Park, Coes Road Industrial Estate, Coes Road, Dundalk, Co. Louth.
Signed on behalf of the Labour Court
7th July, 2004 Kevin Duffy
- Chairman