The Labour Court allowed the Office Of Public Works’ appeal and overturned the Rights Commissioner’s reinstatement direction for David O’Brien. The Court signed its determination on 4 October 2006.
The case concerned fixed-term work at Scattery Island and whether O’Brien should have received contracts of indefinite duration and information about permanent vacancies. He argued that the OPW breached rules on renewing fixed-term contracts and notifying workers about vacancies. The OPW said the contracts covered a defined works project.
The Court found the final contracts took effect on 4 November 2001, before the Protection of Employees (Fixed-Term Work) Act 2003 applied. It overturned the finding that the complaints were well founded and the direction to reinstate the claimants from 9 December 2004. The Rights Commissioner had also required them to return termination payments.