FTD238

Appeal of Adjudication Officer Decision No's: ADJ-00040269 (CA-00052765-002)

BACKGROUND:
The Worker appealed the Adjudication Officer’s Decision to the Labour Court on 10 August 2023.  A Labour Court hearing took place on 5 December 2023. The following is the Court's Decision:

DECISION:

This matter comes to the Court as an appeal by Ms Linda O’Regan (the Appellant) of a decision of an Adjudication Officer under the Protection of Employees (Fixed Term Work) Act, 2003 in her complaint against Health Service Executive (HSE South) – (the Respondent).

The hearing of the Court

At the outset of the hearing, the Court asked both parties to comment on a preliminary matter which had been raised by the Respondent. The Respondent submitted that it is common case that the worker is not and was not at any material time a fixed term worker within the meaning of the Act.

The worker stated to the Court that she has been employed on a contract of indefinite duration since the commencement of the Act. She stated that she was not a fixed term worker within the meaning of the Act. The employer stated that the worker was, by operation of the law at Sections 9(1) and 9(3), employed at all material times on a contract of indefinite duration.

The Court put it to both parties that where no matter before the Court related to a worker who was, at any material time, a fixed term worker, the appeal before the Court could not succeed.

The Appellant and the Respondent stated to the Court that they both accepted that this was indeed the case.

Decision

In the circumstances set out above, the within appeal fails. The decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
12 December 2023	Chairman