The Labour Court rejected HSE South’s appeal on whether Dr Robert J. Gordon’s employment was continuous. It determined that he had not resigned before moving from Kilkenny to Wexford, and signed the determination on 23 August 2011.
HSE South argued that Dr Gordon had resigned from his Kilkenny post before starting a temporary post in Wexford. He said he had transferred between posts. The Court noted that he remained on the HSE payroll, received no P45, and moved seamlessly between hospitals. It found he met the continuous-employment criteria and would proceed to investigate his claim to a contract of indefinite duration; it did not decide that substantive claim.