The Labour Court affirmed Dr Ahmed Mustafa’s entitlement to a contract of indefinite duration as a Registrar and directed his reinstatement to that post without interruption in service. The determination was signed on 19 March 2010 after the Health Service Executive South appealed a Rights Commissioner’s decision.
The HSE argued that the contract arose in 2003, when Dr Mustafa was a Senior House Officer. The Irish Medical Organisation, which represented him, argued that his contract should reflect his Registrar post at Waterford Regional Hospital. The Court found the HSE’s renewal of his contract on 1 July 2004 should have been for an indefinite duration. It affirmed the Rights Commissioner’s decision and directed reinstatement to the post specified in that contract. The Court did not award compensation for the breaches.