Labour Court erred in making preliminary finding of fact that appellant was a 'permanent employee'

By: Ian Fitzharris BL

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High Court, by way of a point of law appeal from a determination of the Labour Court allowing an appeal against a decision of adjudication officer deeming appellant a 'fixed-term employee' for the purposes of fixed-term employment legislation in respect of her long-tenured post as art teacher at a school, finds that: the Labour Court failed to have regard to correspondence from the notice party wherein an admission in respect of the appellant's employment status was recorded, such that the Labour Court made a finding of primary fact which no reasonable decision-making body could make; and the matter is therefore remitted for rehearing.

Appeal from determination of Labour Court on point of law - decision of adjudication officer deeming appellant a 'fixed-term employee' - preliminary hearing before Labour Court as to whether or not appellant was a 'fixed term employee' - 'permanent employee' - jurisdiction of High Court in statutory appeal under workplace relations legislation - finding that appellant's contract of employment did not end at end of academic year necessitated a finding that there was a 'mutuality of obligation' between parties during summer months - appellant never paid for summer months - correspondence from notice party acknowledging appellant not employed during summer months - finding no reasonable decision-making body could make - appeal allowed - remittal for rehearing

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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Labour Court erred in making preliminary finding of fact that appellant was a ‘permanent employee’

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