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Labour Court finds Stephen Nealon’s DIT contract became indefinite

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found that Stephen Nealon’s contract with Dublin Institute of Technology (DIT) became one of indefinite duration from 21 September 2009, setting aside the Rights Commissioner’s decision. The determination was signed on 17 February 2012.

Nealon, an hourly paid, part-time assistant lecturer in plumbing, appealed after the Rights Commissioner ruled against his claim under the Protection of Employees (Fixed-Term Work) Act 2003. DIT argued that falling apprentice numbers threatened the viability of its construction courses, but accepted that this reason was not included in the written grounds for renewing his contract.

The Court found that Nealon’s successive contracts exceeded four years by September 2009. DIT’s stated reasons of recruitment controls and budget constraints did not provide objective grounds under the Act. The Court concluded that falling demand was not the actual reason for the renewal. It substituted its determination for the Rights Commissioner’s decision and made no further order.

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