Fixed Term Work Update

The Supreme Court recently issued a key decision on what constitutes a fixed-term employee in Ireland under the Protection of Employees (Fixed-Term Work) Act, 2003 (the 2003 Act). The focal point in the case was whether a permanent employee who agreed to cover another post on a fixed-term basis met the definition of a fixed-term employee under the 2003 Act. The Supreme Court found that he did. 

The case has been remitted back to the Labour Court to decide whether the employer's use of several fixed-term contracts over more than 4 years can be objectively justified. Under the 2003 Act, a fixed-term employee may ultimately become entitled to a contract of indefinite duration if (i) they are engaged on two or more successive fixed-term contracts; (ii) the aggregate duration of such contracts exceeds four years; and (iii) the employer cannot justify the use of successive fixed-term contracts.