The Labour Court upheld Shane Dunne’s entitlement to a contract of indefinite duration with the National Parks & Wildlife Service, dismissing the employer’s appeal. The determination was signed on 21 June 2013, and the contract took effect from 4 May 2010.
Dunne worked as a temporary general operative at Wicklow Mountains National Park on successive fixed-term contracts. He argued that his service was continuous because he returned for each tourist or culling season. The Service said the contracts covered separate projects and seasonal work, with no expectation that he would continue between them.
The Court found that Dunne performed the same duties across the appointments and treated the breaks between seasons as lay-offs, preserving continuity of service. It also found that the seasonal nature of the work did not justify the fixed-term renewals, since a contract of indefinite duration would not change that reality.