The Labour Court upheld a €30,000 compensation award and reinstated consultant surgeon Asem Hamdy after HSE South appealed the Rights Commissioner’s decision. The determination was signed on 15 October 2010.
Hamdy worked at Kerry General Hospital on nine successive fixed-term contracts. He argued that after four years he was entitled to a contract of indefinite duration. HSE South said it had kept him on a temporary contract while it ran an open competition for a permanent post, which he did not win.
The Court found that HSE South had not shown objective grounds for refusing him a contract of indefinite duration. It affirmed his entitlement to that contract and upheld the €30,000 award. It also directed reinstatement to a Category 1 hospital consultant post from the date of his dismissal in September 2006. Any arrears are to be reduced by earnings from other employment since then.