The Labour Court dismissed University College Dublin’s appeal and affirmed the finding that Dr Michael O’Mahony was entitled to a contract of indefinite duration. The determination was dated 2 October 2012.
UCD argued that Dr O’Mahony’s research role was part of a post-doctoral training and development programme. He said he carried out ordinary research and that the training rationale did not reflect his work.
The Court found his employment had been continuous from 1 February 2005, despite a 16-day gap between contracts in 2006. His sixth contract, which began on 1 October 2008 and extended his fixed-term employment beyond four years, became one of indefinite duration from that date.
The Court found the contract’s stated grounds were equivocal and inferred that Dr O’Mahony was not taking part in a training programme. It concluded that he was doing research as part of the University’s normal functions and that there were no objective grounds for the fixed term.