HSE South & Kerry Hospital v Lukco

Posted In: Case Law
  • Case Reference
  • 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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 14/12/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Paul Joyce BL

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

View all articles by Paul Joyce BL