The Labour Court upheld the Rights Commissioner’s decision and dismissed Colin Matthews’s appeal against Dundalk Town Council and Louth County Council. In its determination dated 22 October 2009, the Court found the complaints not well founded.
Matthews worked as a Resident Engineer on successive fixed-term contracts from 19 June 2000 until 5 May 2008. The Court found his claim for a contract of indefinite duration had been settled by an agreement reached after negotiations and professional advice, under which he accepted a permanent Assistant Engineer position.
The Court made no finding on his complaint about written reasons for renewing his contracts because it was outside the statutory time limit. It also could not consider his claim about being told of permanent vacancies because no specific complaint on that issue was before it.
On the penalisation complaint, the Court found there had been no dismissal: Matthews moved directly from the project-based contract to permanent employment. It found no breach of the Act and disallowed the appeal.