The Labour Court has upheld a €15,000 compensation award and an indefinite-duration contract for Dr Mohammed Elamin Hamid, dismissing an appeal by HSE Dublin Mid Leinster. The determination was signed on 6 August 2009.
Dr Hamid worked as a medical registrar at Midland Regional Hospital Portlaoise on successive fixed-term contracts from 1 July 2004 to 30 June 2008. HSE Dublin Mid Leinster argued the post had to remain a training post and that Dr Hamid had exhausted its training benefit. The Irish Medical Organisation, representing Dr Hamid, argued there were no objective grounds to refuse him an indefinite-duration contract and that ending his employment amounted to penalisation.
The Court found the HSE's claims about the post's training status and Dr Hamid's further training were unsupported by evidence. It found avoiding conversion to an indefinite-duration contract was an operative consideration in the HSE's decision, and that the dismissal was partly connected with that purpose. The Court affirmed the indefinite-duration contract and €15,000 compensation for non-pecuniary loss.