The Labour Court upheld a €4,000 compensation award to Laverne Lyster after dismissing Marks and Spencer (Ireland) Ltd’s appeal. The determination was dated 28 August 2013.
Lyster complained that the employer failed to give her written reasons for renewing two fixed-term contracts and prevented her from applying for a permanent vacancy because she was a fixed-term employee. The Court affirmed the finding on the missing statements and found that the vacancy restriction breached section 10(1) of the Protection of Employees (Fixed-Term Work) Act 2003. It amended the legal basis of that finding from section 6 to section 10(1), affirmed the Rights Commissioner’s decision and award, and disallowed the appeal.