The Labour Court rejected John F Cunningham’s appeal against the National University of Ireland Galway after finding several fixed-term work complaints were outside the time limit. The determination was dated 13 April 2015. The Court also found that his claim for a contract of indefinite duration had become moot after his retirement, so it made no finding on that claim; the merits were not decided.
Cunningham said he had worked for the university on successive fixed-term contracts from 1998 and became entitled to a contract of indefinite duration in 2004. The university said he was self-employed until late 2008 and lacked four years’ continuous service as an employee.
The Court found it had jurisdiction to hear the section 9 complaint as a continuing contravention, but concluded that a ruling after Cunningham’s retirement would have no practical significance. It found his sections 6, 10 and 13 complaints out of time and the section 8 complaint about written reasons for contract renewals inadmissible because it was outside the time limit. Cunningham had stopped pursuing his section 11 complaint, which was withdrawn. His appeal failed.