FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : M J QUAY DEVELOPMENTS LIMITED (REPRESENTED BY WILLIAM FRY SOLICITORS) - AND - VIKTORIJA GIRDZUNA (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Complaint That A Rights Commissioner’S Decision Has Not Been Implemented Wt46437/06/Mr
BACKGROUND:
2. A Labour Court hearing took place on the 12th August, 2009. The following is the determination of the Court:-
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1977 (The Act) from Viktorija Girdzuna, of 16, College Green, Dublin 2 (Complainant) that M J Quay Developments Limited, of Mountbarry, New Ross Co. Wexford (Employer) failed to implement a Decision of a Rights Commissioner, WT46437/06/MR, dated 31st March, 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 Claimant the sum of €3000.00 awarded in respect of the Breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
10th September, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.