Maurice Power v Health Service Executive Posted In: Case Law
Decision NumberIESC 17
Legal BodyIrish Supreme Court (IESC)
Type of Claim / JurisdictionContracts of Employment
The Protection of Employees (Fixed-Term Work) Act 2003 (the Fixed Term Work Act) provides that where an employee is employed on two or more successive fixed-term contracts, the aggregate duration cannot exceed four years without objective grounds. Otherwise, the contract concerned will be deemed to be permanent.
The Labour Court had held that application of the Fixed-Term Work Act was confined to situations where the employee's relationship with their employer would end upon termination of the fixed-term contract (FTC).
In 2021 the High Court held that the Labour Court had misconstrued the definition of 'fixed-term employee' by interpreting a contract of employment as being synonymous
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial 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.
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.