FULL RECOMMENDATION
SECTION 15 (1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : MATER MISERICORDIAE UNIVERSITY HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - BRIAN MURRAY (REPRESENTED BY SHERWIN O' RIORDAN SOLICITORS) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Decision No: ADJ-00003034.
BACKGROUND:
2. The appellant appealed the Adjudication Officer's Decision to the Labour Court on 2 August 2017. A Labour Court hearing took place on 3 October 2017. The following is the Labour Court's decision.
DETERMINATION:
This is an appeal of a decision of an Adjudication Officer under the Protection of Employees (Fixed-Term Work )Act 2003-2015 (the Act ) by the Mater Misericordia University Hospital. The Adjudication Officer upheld the claim and awarded the claimant a contract of indefinite duration and compensation of €6,000 euro. In this Determination the parties are referred to as they were at first instance. Hence the Mater Misericordia University Hospital is referred to as ‘the Respondent’ and Dr Brian Murray as ‘the Complainant’. Solicitors on behalf of the complainant advised the Court in advance of the hearing that the claimant did not intend to challenge the appeal and would not be in attendance at the hearing nor would he have representation in attendance on his behalf.
At the commencement of the hearing before the Labour Court IBEC on behalf of the respondent made an application to have the Adjudication Officers decision set aside and the appeal upheld on the basis that it was a de novo hearing and that the claimant was not contesting the appeal.
The Court considered this application
Finding
As no evidence was offered in support of the complaint the within appeal is allowed and the decision of the Adjudication Officer is set aside.
Signed on behalf of the Labour Court
Louise O'Donnell
10 October 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.