FTD115

SUBJECT:
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-068959-Ft-08/RG


BACKGROUND:

2. The worker referred his case to the Labour Court on the 30th June, 2010. A Labour Court hearing took place on the 1st March, 2011, in Kilkenny. 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 Stephen McDonald, 30 Hillside View, Castlecomer, Co. Kilkenny that Ms. Anne Slattery, General Manager, Health Service Executive, St. Luke’s Hospital, Freshford Road, Kilkenny failed to implement a decision of a Rights Commissioner (Record No.r-068959-FT-08/RG). 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 is required to issue the complainant with a contract of indefinite duration and his/her hours of work in the contract should be based on his/her normal weekly hours in the previous 12 months.



Signed on behalf of the Labour Court



Caroline Jenkinson
18th April, 2011______________________
CONDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.