FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 17 (8), PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 PARTIES : IRISH MUSEUM OF MODERN ART COMPANY (REPRESENTED BY ARTHUR COX) - AND - JOE STANLEY (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Complaint of non-implementation of Rights Commissioner's DecisionR-142706-PT-14.
BACKGROUND:
2. The Worker referred his case to the Labour Court in accordance with Section 17(8) of the Protection of Employees (Part-Time Work) Act, 2001 on the 23rd October, 2015. The following is the Determination of the Court:
DETERMINATION:
A complaint having been received under section 17(8) of the Protection of Employees (Part-Time Work) Act, 2001 from Mr Joe Stanley, 30 Waterloo Road, Ballsbridge, Dublin 4 that Irish Museum of Modern Art, Royal Hospital, Military Road, Kilmainham, Dublin 8 failed to implement a Decision of a Rights Commissioner – r-142706-pt-14 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 (1) comply with the provisions of s 9(1) of the Act and (2) pay compensation to the Claimant equal to any loss he may have sustained from 7thof September 2013 to date of compliance in accordance with the Decision of the Rights Commissioner.
Signed on behalf of the Labour Court
Brendan Hayes
22nd February 2016______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.