The Labour Court found Thamir Ismael’s complaint against HSE West was not well founded in a determination dated 19 February 2014. Ismael appealed a Rights Commissioner’s decision, arguing that his fixed-term contract should have become one of indefinite duration and that he remained entitled to part-time consultant work at University College Hospital Galway.
The Court found the contract provided temporary cover while a consultant carried out clinical director duties. That role ended when the consultant retired and a successor took up the permanent post. The Court held that the temporary cover need justified the fixed-term contract, so Ismael could not succeed. It did not need to decide his other arguments.