FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : M J QUAY DEVELOPMENTS LIMITED (REPRESENTED BY WILLIAM FRY SOLICITORS) - AND - VITA KARKLINA (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Complaint that a Rights Commissioner’s Decision has not been implemented WT47075/06/MR.
BACKGROUND:
2. A Labour Court hearing took place on the 19th August 2009. The following is the Determination of the Court:-
DETERMINATION:
A complaint having been received under S 28(8) of the Organisation of Working Time Act, 1997 (the Act) from Vita Karklina, c/o Richard Grogan & Associates, 16/17 College Green, Dublin 2 (Complainant) that MJ Quay Developments Limited, Mountgarrett, New Ross, Co. Wexford (Employer) failed to implement a Decision of a Rights Commissioner, no. WT47075-06/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 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 €3,000.00 awarded in respect of breaches of the Act.
Signed on behalf of the Labour Court
Raymond McGee
24th September, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.