The Labour Court disallowed National University Maynooth’s appeal and affirmed a Rights Commissioner’s decision in Dr Mary Benson’s favour. The determination was dated 4 June 2014. In the case listing, the university is named as National University of Ireland.
The appeal concerned whether Dr Benson’s third fixed-term contract, which ran from 1 September 2008 to 31 August 2011, was justified as temporary cover for another lecturer. The university argued that she replaced Dr Fagan, who had moved to a funded project. Dr Benson disputed that she was a replacement, and her union, the Irish Federation of University Teachers, challenged the university’s account.
The Court found that the university had not proved the contract was intended to cover a colleague’s temporary absence. An August 2008 email from the department head said Dr Benson’s post was not a direct replacement. Other emails referred to funding and a replacement, but the Court considered them in the context of budget allocation. It found no firm connection between Dr Fagan’s absence and Dr Benson’s appointment, and concluded the post met a continuing teaching need.
The Court affirmed the Rights Commissioner’s decision. The determination gives no compensation amount.