The Labour Court rejected Christina Hughes’s appeal against a Rights Commissioner’s decision, finding that the Northern Area Health Board (Health Service Executive, Northern Area) could reassign her from the post of Alternative Care Manager. The determination was dated 15 March 2005.
Hughes had worked for the Board on temporary contracts from May 1999. In September 2002, she was appointed Temporary Alternative Care Manager while the post awaited permanent recruitment. She argued that after her contract became one of indefinite duration under the Protection of Employees (Fixed-Term Work) Act, 2003, she was entitled to keep that post permanently.
The Court found that the Act changed the duration of her contract, but its terms provided that she would return to her former role as manager of Carrickbeag Children's Residential Home when the temporary assignment ended. It concluded the Board was entitled to reassign her to the post offered and affirmed the Rights Commissioner's decision.