FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 17(1), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 PARTIES : TEDCASTLE AVIATION FUELS LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MR WILLIAM FITZGERALD - MR SEAN KELLY - MR PATRICK HEHIR (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. An appeal against Decisions made by a Rights Commissioner - r-109317-Pt-11, r-109315-Pt-11& r-109319-Pt-11.
BACKGROUND:
2. The Employer appealed the Rights Commissioner's Decision to the Labour Court on the 6thMarch 2013. A Labour Court hearing took place on the 5thSeptember 2013.
The following is the Labour Court's Determination:-
DETERMINATION:
This matter came before the Court by way of an appeal by the Union and a cross-appeal by the Company against Decisions made by a Rights Commissioner in claims under the Protection of Employees (Part-Time Work) Act 2001.
In light of information that became available since the Decision of the Rights Commissioner was issued the Union fairly conceded that its original claims could not succeed.
In these circumstances the Court determines that the union’s appeals be disallowed and that the company’s appeals be allowed.
The Court so determines
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
17th September, 2013.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.