The Labour Court ordered the HSE to re-engage Dr Abdel Raouf Sallam on a contract of indefinite duration after finding that his employment had converted from fixed term. The determination was dated 17 January 2013.
Sallam appealed a Rights Commissioner decision that had rejected his complaints. On appeal, he pursued his section 9 claim for redress, relying on section 8 in support. He argued that after the doctor he covered retired, he continued in the post without a new fixed-term contract or objective grounds for remaining temporary. The HSE said the role lasted until the post was permanently filled.
The Court found the Sligo contract was to cover a named doctor and that its purpose ended when the doctor retired. Sallam continued working under an implied contract, and the HSE had not communicated objective grounds for keeping him on a fixed term. The Court ordered re-engagement and left the effective date and compensation for lost earnings to agreement between the parties; either side may return to the Court if they cannot agree.