The Labour Court allowed Dr Ciaran Reilly’s appeal against National University Of Ireland, Maynooth University, finding that his fourth fixed-term contract renewal was unlawful. In a determination dated 3 November 2017, it ordered the University to re-engage him from 1 May 2018, without loss of prior service, if he returned his redundancy payment.
Reilly argued that his work met the University’s continuing needs. The University said his contracts addressed temporary research projects and were justified by external funding and public-sector employment controls. The Court found that Reilly’s work was part of the University’s fixed and permanent needs: after the Strokestown Park Famine Archive project ended, he continued on another Centre project and carried out other work in the History Department.
The Court said the stated grounds for the fourth renewal did not reflect the reality of his work. It found the contract became one of indefinite duration by law. Re-engagement was chosen because Reilly had continued working for Capard House on a significantly higher salary, so reinstatement without loss of pay was not appropriate.