The Labour Court rejected Joseph Shanley’s appeal against Longford County Council, varying the original decision. Its determination was dated 27 February 2023. The Court found Shanley was not a fixed-term employee within the meaning of the Protection of Employees (Fixed-Term Work) Act, so his appeal failed; the merits of his complaint were not decided.
Shanley said he was treated less favourably when accepting an acting Staff Officer post would have required him to leave his graduate-programme contract, which he expected to last longer. The council said he could not remain in the programme while working full time in the acting role.
The Court held that the graduate programme was publicly supported training. The Act excludes workers employed under such programmes from its definition of fixed-term employees, so Shanley was outside the protection he relied on.