Maurice Power v Health Service Executive [2022]

Posted In: Case Law
  • Decision Number
    IESC 17
  • Legal Body
    Irish Supreme Court (IESC)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: The Protection of Employees (Fixed-Term Work) Act 2003

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

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This article is correct at 16/02/2023

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.

Duncan Inverarity
A&L Goodbody

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