SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
MR GERALD CLARKE
- AND -
MR VITALIY SHCHERBAKOV
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Ms Ni Mhurchu
1. Alleged non-implementation of Rights Commissioner's Decisionr-082163-wt-09/JW.
2. The Worker referred his case to the Labour Court on the 30th July, 2012, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Vitaliy Shcherbakov, 14 Parkview, Virginia, Co. Cavan, that Gerry (Gerald) Clarke, Greaghaduff, Bailieborough, Co. Cavan, failed to implement a decision of a Rights Commissioner, No.r-082163-wt-09/JW dated 28th May 2012,
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 €1,450 in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
5th September, 2012______________________
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.