FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : HSE DUBLIN / MID LEINSTER - AND - DR MUHAMMAD SAEED UR REHMAN (REPRESENTED BY WHITE O'DONOGHUE AND COMPANY SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-077513- Ft-09/GC.
BACKGROUND:
2. The worker referred his case to the Labour Court on the 3rd June, 2010. 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 Dr. Muhammad Saeed Ur Rehman, of 2 Lake Edge, Kilminchy, Portlaoise, Co Laois, that his employer, Health Service Executive Dublin / Mid Leinster, Arden Road, Tullamore, County Offaly, failed to implement a decision of a Rights Commissioner R-077513-FT-09-GC,
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 appeal,
The Court hereby determines that the said employer acknowledge that the contract issued to the Claimant on 1st January, 2005, is deemed to be a contract of indefinite duration so as to comply with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
15th July, 2010.______________________
CON.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.