The Labour Court dismissed Maurice Power’s appeal over his temporary appointment as interim chief executive of the Saolta University Healthcare Group, affirming the decision against him. The determination was signed on 5 August 2020. The Court found he lacked standing to bring his complaint under the Protection of Employees (Fixed-Term Work) Act 2003; the merits were not decided.
Power, a permanent pensionable Health Service Executive employee, argued that his successive temporary appointments to the chief executive role entitled him to a contract of indefinite duration in that role. The HSE said he remained permanently employed throughout and that his employment did not end when the temporary assignment ended.
The Court said Power’s permanent employment and his claim to have been a fixed-term worker during the same period were irreconcilable. He returned to his substantive chief financial officer role when the interim appointment ended, and his employment had never been at risk. The Adjudication Officer’s decision was affirmed.