The Labour Court allowed Athlone Institute of Technology’s appeal and set aside a Rights Commissioner’s decision in favour of Paula McManus, finding the Institute had not contravened the Protection of Employees (Fixed-Term Work) Act 2003. The Determination was signed on 21 May 2014.
McManus argued that her successive fixed-term contracts exceeded four years and should have entitled her to a contract of indefinite duration. The Court found that although her first contract ended in a dismissal, she was reemployed after accepting the Institute’s offer on or about 29 July 2008, preserving continuity.
The Court also found that her second contract covered a temporary vacancy created when a lecturer took a career break. It accepted that teaching duties had been reallocated within the department and that the contract was appropriate and necessary to provide tuition while recognising the absent lecturer’s right to return. The renewal was therefore justified under section 9(4).