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Labour Court upholds no-jurisdiction decision in Sligo County Council appeal

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a decision that it had no jurisdiction over Louise Gallagher’s fixed-term work complaint against Sligo County Council; the merits were not decided. Gallagher appealed the Rights Commissioner’s decision, arguing that successive fixed-term contracts entitled her to a contract of indefinite duration and that the council had breached duties concerning contract renewals and information about employment and training opportunities. The council said she remained a permanent employee, including during acting-up assignments.

Dated 15 December 2014, the Court found that Gallagher’s acting-up duties had not changed her permanent employment status. It concluded she was not a fixed-term employee under the Act and had no standing to bring the complaint, so it upheld the Rights Commissioner’s decision and rejected her appeal.

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