Health Service Executive -v- Doherty [2015] IEHC 611 (09 October 2015)

Health Service Executive -v- Doherty [2015] IEHC 611 (09 October 2015)

The Labour Court’s determination that Dr. Doherty was entitled to a contract of indefinite duration was a finding of fact, not law, and the HSE failed to discharge the onus of establishing objective grounds justifying renewal. The High Court cannot interfere with such findings unless they are irrational or unsupported by evidence.

Citation
[2015] IEHC 611
Parties
Appellant: Health Service Executive; Respondent: Mary Doherty
Jurisdiction
Ireland
Judgment Date
09 October 2015
Procedural Posture
Statutory Appeal / High Court Appeal From Labour Court Determination
Outcome
appeal dismissed
Legal Topics
Fixed Term Contracts, Contract of Indefinite Duration, Objective Justification, Curial Deference
Employment Law Fixed Term Contracts Contract of Indefinite Duration Objective Justification Curial Deference

Case Brief

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Parties

Health Service Executive

Appellant

Mary Doherty

Respondent

Procedural Posture

Statutory Appeal / High Court Appeal From Labour Court Determination

Legal Issues

  1. 1 Whether the Labour Court erred in law in determining Dr. Doherty was entitled to a contract of indefinite duration
  2. 2 Whether the HSE established objective grounds justifying renewal of fixed-term contracts under s.9(4) of the Protection of Employees (Fixed-Term Work) Act 2003
  3. 3 Whether findings of fact by the Labour Court can be interfered with on appeal

Ratio Decidendi

The Labour Court’s determination that Dr. Doherty was entitled to a contract of indefinite duration was a finding of fact, not law, and the HSE failed to discharge the onus of establishing objective grounds justifying renewal. The High Court cannot interfere with such findings unless they are irrational or unsupported by evidence.

Court Disposition

appeal dismissed

Orders

  • Labour Court determination affirmed
  • Dr. Doherty reinstated to the post held under the contract dated 15th February 2013 with effect from 1st June 2013