SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003
(REPRESENTED BY HSE EMPLOYERS AGENCY)
- AND -
DR. SHABIR AHMAD
(REPRESENTED BY O' MEARA GERAGHTY MC COURT SOLICITORS)
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Alleged non-implementation of Rights Commissioners Decision R-037673-FT-05/TB.
2. A Labour Court hearing took place on the 14th September, 2006. The following is the Court's Determination:-
A complaint having been received under Section 15(8) of the Protection of Employees (Fixed-Term Work) Act, 2003, (the Act) by Dr. Shabir Ahmad, C/O Altnagelvin Area Hospital, Derry BT47 65B, Northern Ireland, that the Health Service Executive, South Eastern Area, South Tipperary General Hospital, Clonmel, Co. Tipperary, failed to implement a decision of a Rights Commissioner Record No. r-037673-ft-05-TB and dated 11th May, 2006.
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 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 with effect from 2nd May, 2005, in the position he held or in a position similar to the position which he held at that time.
Signed on behalf of the Labour Court
18th September, 2006______________________
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.