The Labour Court disallowed HSE North Eastern Area’s appeal and affirmed the Rights Commissioner’s decision, leaving Dr Mohammad J. Khan with a contract of indefinite duration and €6,000 compensation for a breach of the Protection of Employees (Fixed-Term Work) Act 2003. The determination was dated 5 April 2006.
The Rights Commissioner found that the HSE breached sections 8 and 9 by failing to give written grounds for renewing Khan’s fixed-term contract and by not offering indefinite-duration employment. The Commissioner awarded €6,000 for the section 8 breach and directed the HSE to grant the contract under section 9. The Labour Court also affirmed the finding against Khan on victimisation.
The Court found that no written statement was provided when the contract was renewed and that the HSE had not formulated its reasons by the relevant date. It also found the succession of six-month contracts was not a proportionate or necessary way to provide training posts.