The Labour Court affirmed that Neil O Donoughue was entitled to a contract of indefinite duration with Dublin City Council, changing the date it took effect to 18 July 2007. The determination was dated 10 February 2012.
The Council appealed after his second three-year fixed-term contract began in 2007. It said the renewal was justified by work on a time-limited Quality Bus Network project, but the Court found the Council could not rely on grounds that had not been communicated to him when the contract was renewed.
The Rights Commissioner had found that Mr O Donoughue was entitled to an indefinite duration contract and directed his reinstatement. The Labour Court left redress unresolved, directing a further hearing on whether suitable work was available and whether his fixed-term status affected the redundancy decision. His employment ended in August 2010, and he received a statutory redundancy lump sum.