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Labour Court allows Alma Wildes's appeal against Gorey Community School

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed Alma Wildes's appeal and determined that her employment with Gorey Community School became a contract of indefinite duration at the start of the 2011/2012 school year. The determination was signed on 28 October 2014. The Court set aside the Rights Commissioner's decision and substituted its own determination.

Wildes, a maths and science teacher, had worked for the school on successive fixed-term contracts since 2007. The Labour Court found that her teaching met a fixed and permanent need and that the school had not objectively justified renewing her contract in 2011, when her fixed-term service had passed four years. The school said the hours were available because teachers were on career break or job-sharing, but the Court found no discernible connection between Wildes's work and that of the teacher whose reduced hours were cited. It also found no evidence about when that teacher might return to full-time work. The Court noted that redeployment to another school appeared to be an alternative, but the school did not explain why it would not meet its objective.

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