The Labour Court allowed Health Service Executive South’s appeal and set aside a Rights Commissioner’s decision in favour of Dr. S.M. Tajul Millat. The earlier decision had granted him a contract of indefinite duration and recommended reinstatement and compensation. The Labour Court’s determination was dated 9 September 2010.
Dr. Millat argued that his series of fixed-term contracts entitled him to a contract of indefinite duration, and that the HSE had not renewed his final contract to avoid that entitlement. The HSE said his employment was not continuous across a six-month break in 2003. It also said the post was a training position and that he could gain no further training benefit from it.
The Court found that the break meant his employment was not continuous for the purposes of the Act, so he had not acquired the required service for a contract of indefinite duration. It also found that the HSE did not renew his contract to preserve the training post for another doctor who could benefit from it. The Court concluded that the HSE had not contravened the Act and set aside the earlier decision.