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2002

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DWT0240

FULL RECOMMENDATION

WTC/02/41
DETERMINATIONNO.DWT0240
(WT7300/02.GF)

SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997



PARTIES :
PATRICK MCCORMACK TRADING AS WESTERN SHOPFITTERS

- AND -

DAVID GRAY


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
SUBJECT:
1. Alleged non-implementation of Rights Commissioner's Decision WT7300/02.





BACKGROUND:

2. The case was referred to the Labour Court on the 9th July, 2002, in accordance with Section 28(8) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on the 7th August, 2002. 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 ATGWU on behalf of Mr David Gray, Bohea Liscarney, Westport, Co. Mayo that his employer, Western Shopfitters, Carrabrawn Newport, Co Mayo failed to implement a decision of a Rights Commissioner No. WT7300/02 GF, dated 19th April, 2002,

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 an appeal,

The Court hereby determines that the said employer pay Mr David Gray the sum of €1117.37 in respect of his claim for outstanding holiday entitlements, in accordance with the decision of the Rights Commissioner.



Signed on behalf of the Labour Court



Caroline Jenkinson
19th AUGUST, 2002______________________
LW/LWDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.




 
 
 
 
 
 
 
 
 

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