FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : HSE SOUTH - AND - SIVA LINGESWARA RAO KADAJARI (REPRESENTED BY HD KEANE & CO. SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Complaint that Rights Commissioner’s Decision r-066215-ft-08/RG has not been implemented.
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, (the Act) by Mr. Siva Lingeswara Rao Kadajari, 6 Rockwood Drive, Grange Manor, Waterford, that Health Service Executive, South Eastern Area, Lacken, Dublin Road, Kilkenny failed to implement a Decision of a Rights Commissioner Record No. r-066215-ft-08/RG and dated 9th June 2009
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 1st July 2007.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st September 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.