The Labour Court set aside a €12,000 award to teacher Frank O’Keeffe after allowing St Patricks Classical School’s appeal. In a determination dated 23 July 2013, it found the school had not breached fixed-term work rules by failing to tell him about a temporary teaching vacancy.
O’Keeffe had worked at the school on successive fixed-term contracts. In June 2012, it advertised a temporary mathematics and geography post without telling him personally or announcing it within the school. He said he would have applied. The school argued the post could not lead to permanent employment and that he was not qualified.
The Court found there was no expectation the post would become permanent and that appointing him would not have extended his fixed-term employment beyond four years. It concluded the school was not required to notify him about the vacancy, so his claim failed. The Rights Commissioner had awarded €12,000 for a breach it found; the Labour Court set aside that decision and award. It made no finding on the alleged motive to prevent O’Keeffe obtaining a contract of indefinite duration, saying that would require a separate penalisation claim.