FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : FÁS - AND - JOHN LAMON (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Complaint that a Rights Commissioner's Decision has not been implemented R-078829-Ft-09/Tb
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, (the Act) by John Lamon, that FÁS, Head Office, 27-33 Upper Baggot Street, Dublin 2 failed to implement a Decision of a Rights Commissioner (Record No. r-078829-ft-09/TB). The Court held a hearing to consider the matter of whether or not the said Decision was carried out by the employer and the Court is satisfied that it has not been carried out.
And no appeal having been brought against the said Decision within the time limit for such appeals,
The Court hereby determines that in accordance with the Decision of the Rights Commissioner the said employer acknowledge that the Claimant is deemed to be employed on a contract of indefinite duration with effect from 25thJuly 2008.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th January, 2012______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.