FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : GERARD CLARKE - AND - VITALIY SHCHERBAKOV (REPRESENTED BY CAVAN CITIZENS INFORMATION SERVICE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged non-implementation of Rights Commissioner's Decision r-082163-wt-09/JW.
BACKGROUND:
2. A complaint was submitted to the Labour Court in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Court's Determination:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act 1997 by Vitaliy Shcherbakov, 14 Park View, Virginia, Cavan, Co Cavan, that his former employer, Gerard Clarke, greaghduff, Bailiborough, Co Cavan failed to implement a decision of a Rights Commissioner R-082163-wt-09/JW.
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 appeal.
The Court hereby determines that the said employer pay to the said employee €1,450 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
20th May, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.