The Labour Court overturned a Rights Commissioner’s decision against Malcolm Stead and awarded him €7,500 after allowing his appeal, brought on his behalf by the Transport Salaried Staffs' Association. The determination was signed on 1 March 2005.
Stead, a fixed-term assistant engineer, said Irish Rail treated him less favourably than permanent staff, including by excluding him from pension and medical schemes. He also complained that the company failed to provide written grounds for renewing his contract and information about vacancies and training. Irish Rail said his original work was winding down and that he had access to circulars advertising vacancies.
The Court found Irish Rail failed to provide written grounds for renewing Stead’s contract by the renewal date. It also found his exclusion from pension and medical schemes was less favourable treatment without objective grounds, and that he was not informed about other positions or offered training. Stead had sought €28,000 for two years of lost earnings; the Court awarded €7,500.