FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 17(1), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 PARTIES : COUNTY CORK VEC - AND - HUGH RANCE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Decision R-052773-Pt-07/DI
BACKGROUND:
2. An appeal was submitted to the Labour Court in accordance with Section 17(1) of the Protection of Employees (Part-Time Work) Act, 2001. A Labour Court hearing took place on 8th October, 2008. The following is the Courts's Determination:
DETERMINATION:
This is an appeal of a Rights Commissioner’s Decision by Mr. Hugh Rance (the Complainant) who has been employed as a teacher to work 22 hours per week with the County Cork VEC since 25th October 2001. He contends that the VEC treated him less favourably than a comparable full time employee contrary to section 9 of the Protection of Employees (Part-Time Work) Act, 2001 (the Act).
Having considered the details of the case, the Rights Commissioner decided that the Complainant was in fact a full time worker and held that he could not seek to have his complaint heard under the Act.
At the hearing of the appeal, both sides accepted that the Complainant worked 22 hours per week, which is the same as the normal hours of work of comparable full time teachers. Consequently, the Court does not have jurisdiction to hear his appeal.
The Court upholds the decision of the Rights Commissioner and dismissed the appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st December 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.