INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 28 (8), ORGANISATION OF WORKING TIME ACT, 1997
SOUTH KERRY DEVELOPMENT PARTNERSHIP LIMITED
- AND -
Chairman: Ms Jenkinson
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. A complaint that an Adjudication Officer's Decision no r-149316-wt-14/POB was not implemented.
2. The Worker referred his case to the Labour Court on the 26th November 2015, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. The following is the Determination of the Court:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by John Lagan, Gortagullane, Muckross, Killarney, Co. Kerry that, South Kerry Development Partnership Limited, West Main Street, Cahersiveen, Co. Kerry failed to implement a decision of a Rights Commissioner (now known as an Adjudication Officer) No. r-149316-wt-14/POB dated 9thSeptember 2015.
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 makes the following determination to the like effect of the Adjudication Officer’s Decision “it appears that the claimant did not get three payslips. The claimant is entitled to leave at 8% of hours worked. Information relating to this issue was sparse from both parties. I recommend the respondent set out in detail for the claimant when the claimant took his vacation and/or when he was paid for it and if it is found that this is less than the legal requirement then the respondent should pay the claimant any balance due”.
Signed on behalf of the Labour Court
21st January, 2016.Deputy Chairman
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.