FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : ROYAL VICTORIA EYE AND EAR HOSPITAL - AND - DR ABDUL RAZEQ (REPRESENTED BY IRISH MEDICAL ORGANISATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appealing against a Rights Commissioner's Decision r-063057-ft-08/GC
BACKGROUND:
2. An appeal against a Rights Commissioner's Decision was submitted to the Labour Court on 4th March, 2009 by the Union in accordance with Section 15(1) of the Protection of Employees (Fixed-Term Work) Act, 2003. A Labour Court hearing took place on 14th May, 2009. The following is the Court's Determination:-
DETERMINATION:
This is an appeal by IMO on behalf of Dr. Abdul Razaq, of a Rights Commissioner’s Decision dated 27th January 2009 under the Protection of Employees (Fixed-Term Work) Act 2003. Having found that Dr. Razaq’s claim under Section 8 was out of time the Rights Commissioner proceeded to find in his favour in respect of his claim under Section 13(1) and awarded him compensation of €75,000.
As there was no one present at the Court hearing on 14th May 2009 to move the appeal, the Court dismissed the case. Therefore, the Court finds that Dr. Razaq’s appeal fails for lack of prosecution and the Rights Commissioner’s Decision stands.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd May, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.