TE184/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                        CASE NO.

Dolores O'Neill          -appellant

                                                                                                                 TE184/2013

against the recommendation of the Rights Commissioner in the case of:

Health Service Executive South East            -respondent

under

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. N. Russell

Members:     Mr J. Horan

                    Ms S. Kelly

heard this appeal at Carlow on 5th January 2015

Representation:

Appellant:       The appellant’s husband.

Respondent:    Ms Elaine Anderson, Employee Relations Department,

Health Service Executive, Lacken, Dublin Road, Kilkenny

Background:

This appeal came before the Tribunal by way of an employee (the appellant) appealing against the Recommendation of a Rights Commissioner (reference: r-133147-te-13/JT).        

Determination:

The Tribunal heard detailed evidence from the appellant and submissions by both the appellant and respondent. The Tribunal also considered all documents submitted.

The appellant’s essential case was that she was a permanent employee with an entitlement to a 39 hour week. This was disputed by the respondent.

The Tribunal has considered the contractual basis of the relationship between the parties. The employment relationship in this instance was governed by the contract of employment dated the 10^th of May 2010 signed by the appellant and co-signed on behalf of the respondent. The contract is clear in providing that the appellant’s working hours were 8-39 hours. The appellant entered into this contract voluntarily. No evidence was given to the Tribunal that this was signed under protest or that any amendment was sought on signing. The relationship between the parties is governed by this contract. The respondent fulfilled its obligations under this contract.

In the circumstances, the appellant has not established a breach of contract on the part of the respondent entitling her to compensation. The Recommendation of the Rights Commissioner (reference: r-133147-te-13/JT) is upheld.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)