Labour Court overturns decision on two fixed-term work complaints after employer appeal

The Labour Court upheld Brothers of Charity Services Ireland - South East Region’s appeal and overturned the adjudication officer’s decision on two fixed-term work complaints brought by Mr Arshad Awan. The determination was signed on 17 September 2020. Both the employer and Mr Awan appealed. He received a fixed-term contract in 2014 to cover a permanent employee’s career break. After that employee resigned in September 2016, Mr Awan continued in his role without a new fixed-term contract. The Court found that he was on a permanent contract from then and had no standing to bring the complaints under the Protection of Employees (Fixed-Term Work) Act 2003. It found that it had no jurisdiction to hear them; the merits were not decided. The complaints alleged that the employer had not told him the objective condition governing his contract and had not furnished him with a contract of indefinite duration on the same terms. The adjudication officer had upheld both complaints and directed the employer to issue a contract of indefinite duration under section 9.