FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(1), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : SCOIL CARMEL (REPRESENTED BY BRIAN FOLEY B.L.) INSTRUCTED BY MASON HAYES AND CURRAN SOLICITORS - AND - NOELLE SHANAHAN (REPRESENTED BY LORNA LYNCH B.L. INSTRUCTED BY BYRNE WALLACE SOLICITORS DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appealing of Rights Commissioner’s Decision r-090424-ft-10/POB
BACKGROUND:
2. This is an appeal by the worker of Rights Commissioner’s Decision r-090424-ft-10/POB. The matter was referred to a Rights Commissioner for investigation. His Decsion issued on 15th December 2010, and did not find in favour of the worker's claim. On the 13th January 2011, the worker appealed the Rights Commissioner's Decision in accordance with Section 15(1) of the Protection of Employees (Fixed-Term Work) Act, 2003. A Labour Court hearing took place on 29th May, 2012.
The following is the Court's Determination.
DETERMINATION:
In the course of the hearing of the appeal the Court was informed that the parties had reached agreement as follows:
1. The appeal is allowed
2. The Decision of the Rights Commissionerr-090424-ft-10/POB is set aside.
3. A declaration pursuant to s. 9 (3) of Protection of Employees (Fixed Term Work) Act, 2003 that the Appellant's contract with the Respondent which commenced on the 1st September 2009 became a contract of indefinite duration (CID) by operation of law and with effect from the 26th of September 2009 and the hours of the CID are the hours for which the Appellant was engaged on a fixed term contractfor the school year 2008/2009 being 16 hours and 48 minutes in accordance with paragraph 4.3.1 of DESCL 34/2009.
4. An Order directing the Board of management of Scoil Carmel (the employer) to re-instate the Appellant with effect from 26th September 2009.
5. An Order directig the Respondent to pay to the Appellant €1,000.00 compensation for breach of Section 8 of the 2003 Act, with such sum to be paid within 21 days.
The Court notes the terms of the agreement and at the request of the parties determines the within appeal accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
25th June 2012______________________
AHChairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.