The Labour Court varied a decision in Joseph Shanley’s favour after finding he was not covered by the Protection of Employees (Fixed-Term Work) Act. Longford County Council’s appeal succeeded, and the merits of Shanley’s acting-allowance complaint were not decided.
Shanley said he carried out Procurement Compliance Officer duties without the acting allowance paid to a permanent employee in that role. The Council disputed that he had been appointed to the role or performed its duties, and argued that his contract was part of a publicly supported training programme.
The Court accepted that the Local Authority Graduate Programme was a publicly supported training programme. Because Shanley’s employment contract was concluded within that programme, the Court found he was not a fixed-term employee under the Act and therefore did not qualify for its protections. The determination was dated 27 February 2023.