The Labour Court varied Westdoc Ltd’s appeal and retained a €2,000 compensation award to Michael Burke. In a determination dated 13 December 2012, it declared that his contract issued on 1 September 2010 became one of indefinite duration from that date.
The case concerned Burke’s work as a driver in Westdoc’s medical sample collection and delivery and out-of-hours services. Westdoc argued he had two separate employments and lacked standing to bring the complaint. Burke argued his employment was one continuous relationship and that his permanent contract should reflect his average 27 weekly hours.
The Court rejected Westdoc’s arguments, finding Burke had a single employment relationship. It found the September 2010 contract purported to extend his fixed-term employment beyond four years, contrary to section 9(2) of the Protection of Employees (Fixed-Term Work) Act 2003. The contract became indefinite by law, with its other terms continuing. The contract provided for 19 hours a week, with Westdoc able to vary his hours. The Court made no further order.