FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MC PHARMACY GROUP LTD (IN RECEIVERSHIP), C/O DAVID CARSON RECEIVER - AND - MS BIRUTE MEISTININKIENE (REPRESENTED BY RYAN & MCGINTY, CHARTERED CERTIFIED ACCOUNTANTS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Complaint that Rights Commissioners Decision No: r-106559-wt-11-EOS has not been implemented
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 (the Act) byMs. Birute Meistininkiene, Baile Thall Cross, Cong, Co. Mayo that McPharmacy Group Limited (In Receivership) c/o David Carson (Receiver), Deloitte & Touche, Earlsfort Terrace, Dublin 2 failed to implement a decision of a Rights Commissioner, No. r-106559-wt-11/EOS dated 21stSeptember 2011.
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 the Complainant the sum of €1,000.00 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th April 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.