FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : M J QUAY DEVELOPMENTS LIMITED (REPRESENTED BY WILLIAM FRY SOLICITORS) - AND - KASPARS KADISEVSKIS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Complaint That A Rights Commissioner’S Decision Has Not Been Implemented Wt47070/06/Mr
BACKGROUND:
2. A Labour Court hearing took place on the 21st 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, 1997 (the Act) by Mr. Kaspars Kadisevkis, c/o Richard Grogan & Associates, 16 –17 College Green, Dublin 2 that M J Quay Developments Limited, Mountgarret, New Ross, Co. Wexford failed to implement a decision of a Rights Commissioner, No. wt47070/06/MR dated 31st March 2009.
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 appeals,
The Court hereby determines that in accordance with the decision of the Rights Commissioner the said Respondent pay the complainant the sum of €3000.00 in respect of the breachs of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th September, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.