FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : COUNTY CORK VOCATIONAL EDUCATION COMMITTEE (VEC) (REPRESENTED BY MICHAEL POWELL & COMPANY SOLICITORS) - AND - HUGH RANCE DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal against a Rights Commissioner's Decision r-068340-ft-08/GC.
BACKGROUND:
2. The Claimant submitted an appeal against a Rights Commissioner's Decision to the Labour Court on 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 14th October, 2009.
The following is the Court's Determination:-
DETERMINATION:
This is an appeal by Mr Hugh Rance against the Decision of a Rights Commissioner in his claim against County Cork VEC under the Protection of Employees (Fixed-Term Work) Act 2003. In this Determination Mr Rance is referred to as the Claimant and County Cork VEC is referred to as the Respondent.
The Claimant has been employed by the Respondent as a Teacher of Music and Art since 2001. The Claimant brought a series of complaints against the Respondent before a Rights Commissioner arising from his employment, including a complaint under the Act. The latter claim was finally resolved, in the Claimant's favour, on appeal to this Court by Determination No. FTD0818.
The Claimant subsequently referred a complaint to a Rights Commissioner alleging that he had been penalised, contrary to Section 13 of the Act, in consequence of his earlier complaint. The complaint of penalisation relates to alleged obstruction by the Respondent of the Claimant's application for registration with the Teaching Council of Ireland by an inordinate delay in responding to queries for that body.
While the Claimant raised a broad range of issues in his submission to this Court the only matter which was properly before the Rights Commissioner was the Claimant's claim of penalisation. Consequently the jurisdiction of the Court in this appeal is limited to a de novo consideration of that claim.
It is clear that there was a delay on the part of the Respondent, between 1st August 2008 and 2nd September 2008, in responding to a question from the Teachers Council of Ireland in relation to the Claimant's qualifications. This post-dated the Claimant's original complaint under the Act.
Having considered all of the evidence adduced in the case the Court can see no basis upon which any nexus could be inferred between the delay complained of and the earlier complaint under the Act. Moreover, the Court is satisfied that the Claimant suffered no material detriment in consequence of the delay of which he complains. Hence, it could not be properly characterised as penalisation.
In these circumstances the Court is satisfied that the conclusions reached by the Rights Commissioner are correct and in accordance with the facts of the case. Accordingly, the Court must hold that the Claimant's complaint of penalisation is not well founded.
The Decision of the Rights Commissioner is affirmed and the within appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
2nd November, 2009______________________
JFChairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.