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Labour Court upholds decision that Paul Kelly was a permanent employee

By Tadhg O'Sullivan

Labour Court ·

The Labour Court upheld a Rights Commissioner’s decision that Paul Kelly was a permanent employee of Louth County Council, and found his complaint under the Protection of Employees (Fixed-Term Work) Act 2003 was not well founded. The determination was dated 25 July 2013. Kelly argued that his temporary senior roles gave him a right to a contract of indefinite duration. The Court found that he retained his permanent Executive Engineer post throughout those assignments and could return to it when they ended. His employment was never at risk and continued after the temporary projects, so he was not a fixed-term worker covered by the Act.

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