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Labour Court declines jurisdiction over UCC fixed-term work complaint

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found it had no jurisdiction to hear Dr. Inge Nieuwstraten's fixed-term work complaint against University College Cork. In its determination dated 20 July 2011, the Court said she was employed on a permanent contract when she made the complaint; the merits were not decided.

Nieuwstraten argued that she was treated less favourably than a comparable permanent employee because she received statutory redundancy payments instead of enhanced severance terms. The Rights Commissioner found in her favour and decided she should receive six weeks' pay per year of service, inclusive of statutory redundancy entitlement. UCC appealed. The Labour Court found that the duties she performed under the fixed-term lecturing contract were extra duties linked to her permanent employment.

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