FTD1115

SUBJECT:
1. Complaint that a Rights Commissioner’s Decision has not been implemented Ft45806/06/MR


BACKGROUND:

2. The worker referred his case to the Labour Court on the 16th February, 2011. 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 by Asem Hamdy c/o Heffernan Foskin Solicitors, Otteran House, South Parade, Waterford that his former employer HSE South, Kerry General Hospital, Tralee, Co Kerry failed to implement a decision of a Rights Commissioner FT 45806/06/MR

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 pay the said employee at the Category 1 Consultants rate with effect from 1 December, 2001, until his employment terminated on 30th September, 2006, in accordance with the decision of the Rights Commissioner.




Signed on behalf of the Labour Court



Brendan Hayes
26th April, 2011______________________
CONDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.