The Labour Court allowed the Office Of Public Works’ appeal and overturned the Rights Commissioner’s reinstatement direction for Patrick Greaney. The Court signed its determination on 4 October 2006.
Greaney, represented by the Services Industrial Professional Technical Union, argued that the OPW breached rules on contract renewals, failed to offer contracts of indefinite duration and did not inform workers about permanent vacancies. The OPW said the contracts covered a defined works project at Scattery Island.
The Court found that the final contracts took effect on 4 November 2001, so the Protection of Employees (Fixed-Term Work) Act 2003 did not apply. It overturned the Rights Commissioner’s finding that the complaints were well founded, the direction to reinstate the claimants from 9 December 2004 and the requirement that they return termination payments.