FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MCR BUILDING SERVICES LTD (REPRESENTED BY WATERS & ASSOCIATES SOLICITORS) - AND - RAFAL RUSAK (REPRESENTED BY BRENDAN ARCHBOLD) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Non-implementation of a Rights Commissioner's Decision R-071040-WT-08/JOC.
BACKGROUND:
2. A Labour Court hearing took place on the 22nd June 2010. 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. Rafal Rusek, 12 Alden Drive, Sutton, Dublin 13, that MCR Building Services Limited, Unit 1-3 The Capel Buildings, Mary's Abbey, Dublin 7 failed to implement a decision of a Rights Commissioner, No. r-071040-WT-08/JOC dated 12th February 2010
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 the said Respondent must pay to the Complainant the sum of €4,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th June, 2010______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.