FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(8), PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT, 2003 PARTIES : TEAGASC - AND - CATHAL BUCKLEY (REPRESENTED BY UNITE THE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Alleged non-implementation of Rights Commissioner's Decision R-135408-FT-13/EH.
BACKGROUND:
2. The Worker referred his case to the Labour Court in accordance with Section 15(8) of the Protection of Employees (Fixed-Term Work) Act, 2003. The following is the Determination of the Court:
DETERMINATION:
A complaint having been received under Section 15(8) of the Protection of Employees (Fixed - Term Work) Act 2003 from Mr Cathal Buckley, 39 Rivergrove, Oranmore, Galway that Teagasc, Headquarters, Oak Park, Carlow, failed to implement a Decision of a Rights Commissioner –R-135408-FT-13/EH 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 appeal, the Court hereby determines that the said Employer comply with the provisions of Sec 9(2) and confirm the said Employee with a contract of indefinite duration with effect from 1 December 2008 in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
18th December 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.