HSE South & Kerry Hospital v Lukco

Posted In: Case Law
  • Case Reference
    WTC/15/19 DETERMINATION NO. DWT1560
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: European Working Time Directive; the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations, SI 494/2004; Excessive Hours; Time Limits; Junior Doctors

The complainant in this case was employed by the respondent as a Non-Consultant Hospital Doctor (NCHD) specialising in Gynaecology and Obstetrics from October 2011 to July 2013. His complaint to a Rights Commissioner (RC) under the working time legislation that the respondent had infringed a number of provisions of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations, SI 494/2004 related to breaks, rest and hours of work succeeded and he was awarded €3,000 in compensation. 

His application to the RC to grant an extension of time in order to enlarge the time period encompassing the respondent’s infringements of the Act failed. He

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This article is correct at 14/12/2015
Disclaimer:

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Paul Joyce BL
Barrister

The main content of this article was provided by Paul Joyce BL. Contact telephone number is +353 1 874 5690 or email Paul.Joyce@flac.ie

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