FULL RECOMMENDATION
SECTION 15(1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : SOUTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY HUMAN RESOURCES & LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - RICHARD O' REGAN (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner Decision FT 21438/04/MR.
BACKGROUND:
2. The Respondent appealed the Rights Commissioner’s Decision to the Labour Court on the 29th December, 2005, in accordance with Section 15(1) of the Protection of Employees (Fixed-Term Work) Act, 2003. A Labour Court hearing took place on the 21st September, 2006.
- The following is the Court’s determination:-
DETERMINATION:
The Court has considered the submissions of the parties. It notes that the only issues in dispute are the question and level of compensation awarded by the Rights Commissioner.
Given:-
- the history of the case up to the issue of the Rights Commissioner's Decision,
- the guidelines on compensation where no pecuniary loss has occurred, in the context of the ECJ decision in the case of Von Colsen and Kamann v Land Nordheim-Westfalen (Case 14/83) [1984] ECR 1891 which held that sanctions for breaches of individual Community rights must be effective, proportionate and dissuasive; and
- the need to assess mitigating or aggravating factors and to take account of the respondent's conduct in defending the case;
The Court is of the view that the level of compensation decided upon by the Rights Commissioner was correct and appropriate, and upholds it accordingly. The Complainant is therefore awarded the sum of €5,000 as compensation for the Respondent's breach of the Act.
The Court so determines.
Signed on behalf of the Labour Court
Raymond McGee
2nd October, 2006______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.