FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : DUBLIN INSTITUTE OF TECHNOLOGY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - JOSEPH THOMPSON (REPRESENTED BY O'MARA GERAGHTY MCCOURT) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Complaint that Rights Commissioner’s Decision r-083018-ft-09/TB has not been implemented.
BACKGROUND:
2. A complaint was submitted to the Labour Court in accordance with Section 15(8) of the Protection of Employees (Fixed-Term Work) Act, 2003. The following is the Court's Determination:
DETERMINATION:
A complaint having been received under Section 15(8) of the Protection of Employees (Fixed Term Work) Act, 2003 by Joseph Thompson, 5 The Avenue, Dunboyne, Co Meath, that his employer, Dublin Institute of Technology, 143 - 149 Lower Rathmines Road, Dublin 6, failed to implement Rights Commissioner's Decisionr-083018-ft-09/TB, and the said decision not having been carried out by the employer, and no appeal having been brought against the said Decision within the time limit for such appeals,
The Court hereby determines that the said employer acknowledge that the Claimant is deemed to be employed on a contract of indefinite duration with effect from 19th October 2008, and pay the Claimant €5,000 in compensation, so as to comply with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
12th August, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.