The Labour Court disallowed Teagasc’s appeal and found Kevin McNamara’s fixed-term contract had become one of indefinite duration. It also determined he was entitled to arrears of pay for the gap between jobs. The determination was dated 15 April 2013.
McNamara worked as a field technician for Teagasc on successive fixed-term contracts from 3 July 2006 until 28 February 2011. He was later rehired at another location. SIPTU argued that four years of successive fixed-term employment entitled him to a contract of indefinite duration. Teagasc said the work was temporary, depended on external project funding and required different skills. It also cited the public-service recruitment moratorium.
The Court found that research was a continuing part of Teagasc’s work and that the funding arrangements, moratorium and general claims about differing project skills did not justify continuing fixed-term contracts beyond the statutory limit. It held that McNamara’s second contract became indefinite from 7 July 2008 and that he remained employed under it. The Court also found he would not have been dismissed had his status been recognised, and entitled him to arrears for the period between his employment ending and his re-employment. The Rights Commissioner’s decision, which had directed reinstatement, was varied and replaced with the Court’s determination.