The Labour Court allowed Meath County Council’s appeal and set aside a Rights Commissioner’s decision granting Mr Christy Reilly a contract of indefinite duration. The determination was dated 5 September 2012. The appeal concerned Mr Reilly’s claim under the Protection of Employees (Fixed-Term Work) Act 2003.
Mr Reilly argued that service with Ballymun Regeneration Limited, Kildare County Council and Meath County Council counted together, giving him the four years needed for a contract of indefinite duration. The Court found that he voluntarily left his Kildare County Council job when he resigned in February 2008, breaking continuity of service. It concluded that he lacked the required four years.
The Court also found that the fixed-term contracts with Meath County Council were justified because Mr Reilly supervised a temporary sewerage scheme project, and the Council reasonably expected the work to finish by the dates in his contracts. The Court made no finding on whether the local authorities were associated employers.