The IMO has succeeded at the Labour Court in securing the re-engagement of a Consultant Anaesthetist where Dr Masud Awan had not been offered a contract of indefinite duration after he had acquired such rights under the Protection of Employees (Fixed-Term Work) Act, 2003.

Dr Awan is to be re-engaged without loss of service.  Provision is also made by the Labour Court for compensation to be paid to Dr Awan.

Dr Awan had been employed on a succession of fixed-term contracts between January 1999 and June 30th 2004.
The Court's determination (reference FTD072) also addresses a number of important other matters concerning the application of this legislation as it applies to doctors in general and Consultants in particular.

The Court rejected the argument that “constraints placed on the (Hospital’s) capacity to fill permanent posts by the Local Authority (Officers and Employees) Act, 1926 and the Health-Act, 1970 off-set or supplant its obligations” constituted objective grounds which could avoid the obligation to offer Dr Awan a contract of indefinite duration.

The 2003 legislation states that after a contract of employment finishes which brings time served to beyond at least three years’ continuous service (and unless there are objective grounds stated which would justify not issuing a further contract), an employee would be entitled to a further contract of no greater than 12 months duration. At the conclusion of that contract and again if there are no objective grounds, the employee concerned would be entitled to a Contract of Indefinite Duration. The legislation was brought into force on 14th July 2003.

A copy of the determination is available to IMO members on request to IMO House.