FULL RECOMMENDATION
| WTC/10/13 | DETERMINATION NO. DWT1026 |
(r-080416-wt-09)
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES : STEPHEN MURPHY TRADING AS Y2K MOTORCYCLES
- AND -
ANGELA MURPHY
(REPRESENTED BY MANDATE)
DIVISION :
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
SUBJECT:
1. Complaint That A Rights Commissioner's Decision Has Not Been Implemented R-080416-Wt-09
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 12th January, 2010, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997.
DETERMINATION :
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Ms. Angela Murphy, Lenamore, Milltown Road, Tuam, Co. Galway that Stephen Murphy, trading as, Y2K Motorcycles, Ballyfruit, Headford, Co. Galway failed to implement a decision of a Rights Commissioner, No. r-080416-wt-09 dated 5th November 2009.
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 in accordance with the decision of the Rights Commissioner the said Respondent must pay the complainant the sum of €2,980.00 in respect of a breach of section 23 of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th March, 2010 ______________________
DN Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.
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