FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : WILMETTE INVESTMENTS LTD T/A APACHE PIZZA - AND - DARIUS P. GARCIA (REPRESENTED BY PHILIPPINE CONSULATE) DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-069417-WT-08/JC.
BACKGROUND:
2. A Labour Court hearing took place on the 25th August, 2009. The following is the Determination of the Court:-
DETERMINATION:
A complaint having been received under S28(8) of the Organisation of Working Time Act, 1997 (The Act) from Darius Paredes Garcia, c/o 8 Georgian Village, Castleknock, Dublin 15 (Complainant) that Wilmette Investments T/A Apache Pizza, of 70 Leinster Street, Athy, Co. Kildare (Employer) failed to implement a Decision of a Rights Commissioner, no. r-069417-WT-08/JC, dated 2nd April, 2009.
As the said Decision has not been carried out by the Employer and no appeal has been brought against the said Decision within the time limit for such an appeal, the Court hereby determines that, in accordance with the Decision of the Rights Commissioner, the said Employer pay to the Complainant the sum of €4,000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
8th September, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.