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Donegal County Council contract deemed indefinite after WRC ruling

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

A Workplace Relations Commission adjudicator found that Fionnuala Bonner’s successive fixed-term jobs with Donegal County Council counted as continuous employment and deemed her contract to be one of indefinite duration. The decision was dated 15 April 2024.

Bonner said her duties continued across four contracts, while the Council said her Water Pro Project Officer role depended on temporary EU funding. The adjudicator found that gaps of about five and seven weeks did not break continuity, given their length and the overlap in duties. The Council’s January 2019 renewal did not link its end date to the project funding or completion.

The adjudicator found that the successive contracts exceeded four years and the renewal lacked objective grounds. The complaint was well founded, and the fixed-term clause had no effect, making the contract one of indefinite duration. The adjudicator declined to make an award under the Fixed-Term Work Act, citing double compensation.

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