FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : LETTERKENNY GENERAL HOSPITAL - AND - MR. TARIQ HASSAN CHAUDHRY DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appeal against a Rights Commissioner's Decision R-060736-FT-08/EOS.
BACKGROUND:
2. Mr. Chaudhry appealed against a Decision of a Rights Commissioner No. R-060736-FT-08/EOS in which the Rights Commissioner stated that:-
"As the complaint was submitted outside of the time frame provided for under the Protection of Employees (Fixed-Term Work) Act, 2003, I deem the complaint to be out of time and accordingly I have no jurisdiction to investigate this complaint."
The appeal was submitted to the Labour Court on the 25th June, 2009 in accordance with Section 15(1) of the Protection of Employees (Fixed-Term Work) Act, 2003. A Labour Court hearing took place on the 18th August, 2009. The following is the determination of the Court:-
DETERMINATION:
Mr. Tariq Hassan Chaudhry (the Claimant) brought a complaint before a Rights Commissioner alleging that the Health Service Executive / Letterkenny General Hospital (the Respondent) contravened the Protection of Employees (Fixed-Term Work) Act 2003 (the Act) when it failed to award him a contract of employment of indefinite duration.
The Rights Commissioner found that the complaint had been presented outside the time limit prescribed by s.14 of the Act, in consequence of which she lacked jurisdiction to entertain the complaint. The Claimant appealed to this Court.
The facts.
The Claimant's employment with the Respondent ended on 31st October 2004. His complaint was presented on 15th January 2008. It is clear that any contravention to which the complaint relates could only have occurred on or before the cessation of his employment on 31st October 2004.
The law.
Section 14 of the Act sets down time limits within which a complaint under the Act must be initiated before a Rights Commissioner can have jurisdiction to entertain the complaint. Section 14(3) of the Act provides that a complaint must be presented within a period of six months from the date on which the contravention to which the complaint relates is alleged to have occurred. Section 14(4) provides, in effect, that the time for bringing a complaint may be extended where reasonable cause is shown but only up to a period of 12 months from the date of the alleged contravention.
This is a mandatory provision the effect of which is to extinguish any claim that an aggrieved person may have which has not been presented within a period of 12 months from the date of the alleged contravention to which it relates. The Court has no discretion whatsoever to extend the time beyond the 12 month period referred to at s.14(4).
Determination.
The Claimant's complaint was presented some 39 months after the latest date on which the contravention of the Act of which he could complain occurred. Accordingly, neither the Rights Commissioner nor this Court could have any jurisdiction to entertain the complaint.
The Rights Commissioner was correct in refusing jurisdiction. It follows that this Court must dismiss the appeal and affirm the decision of the Rights Commissioner to decline jurisdiction.
Signed on behalf of the Labour Court
Kevin Duffy
31st August, 2009______________________
MG.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.