FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15 (8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : HEALTH SERVICE EXECUTIVE - AND - STEPHEN COYNE (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Complaint of Non Implementation of Adjudication Officer Decision No R-139801-FT-13
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, by Stephen Coyne, Derraheera, Leenane, Co. Galway, that the employer, Health Service Executive, HSE West, Merlin Park, Galway failed to implement a decision of the Rights Commissioner r-139801-ft-13.
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 an appeal.
The Court hereby determines that the said employer acknowledge that the Claimant became entitled to a contract of indefinite duration in by operation of law from 2nd May 2010 respect of the 1st contract and 13th October 2010 in respect of the 2nd contract. The Court further determines that the said employer pay to the Claimant compensation in accordance with the decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Kevin Duffy
19th April 2016______________________
JKChairman
NOTE
Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.