INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 15(1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003
HARBOUR HOUSE LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Appeal against Rights Commissioner's Decision R-047144-FT-06/TB
2. The worker was employed by the Company as a receptionist/housekeeper from the 22nd August, 2003, to 9th November, 2006. He referred his case to a Rights Commissioner claiming that he was not issued with a written statement of his terms of employment. The Rights Commissioner's stated:
"This matter has been dealt with in his referral under the Terms of Employment (Information) Act and is not relevant or proper to the Protection of Employees (Fixed-Term Work) Act."
The Complaint is not relevant to the provisions of the Protection of Employees (Fixed Term Work) Act, 2003.
The worker appealed the decision to the Labour Court on the 9th July, 2007, in accordance with Section 15(1) of the Protection of Employees (Fixed-Term Work) Act, 2003. A Labour Court hearing took place on 13th February 2008, in Sligo.The following is the Court's determination:
This is an appeal by Mr. Vytautas Jurksa (the Complainant) against a Decision of a Rights Commissioner which found against the Complainant in a claim under the Protection of Employees (Fixed-Term Work) Act 2003 (the Act). At the Rights Commissioner hearing the Complainant claimed that his former employer Harbour House Ltd (the Respondent) contravened Section 6 of the Act when he was not issued with a written statement of his terms of employment.
The Rights Commissioner found that the complaint was not relevant to the provisions of the Act. It should have been brought under the Terms of Employment (Information) Act, 1994.
At the hearing the Complainant claimed that he was treated less favourably than a comparable permanent employee by not being furnished with a written statement. However, when questioned about his status, he informed the Court that he was employed on a permanent contract of employment.
Section 2 of the Act defines “fixed term worker”:
- “fixed-term employee” means a person having a contract of employment entered into directly with an employer where the end of the contract of employment concerned is determined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event but does not include—[not relevant]
The Court upholds the decision of the Rights Commissioner and the Complainant’s appeal fails.
The Court so determines.
Signed on behalf of the Labour Court
10th March, 2008______________________
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.