This case deals with a fixed term worker who was a lecturer employed in St. Patrick’s College who was made redundant. The individual was then re-employed to cover a maternity leave position in another department. However the claimant stated that the original redundancy was unfair due to unfair selection for redundancy. The claimant had been employed on a fixed term contract since August 2010 for a fixed period of 3 years, and she believed that the company decided to make her redundant to avoid a contract of indefinite duration.

The court took the view that the claimant had been treated in a less favourable manner than a comparable permanent employee, and therefore was unfairly dismissed because she was unfairly selected for redundancy.

Because of this, the claimant retains her right to the contract of indefinite duration, and the court ordered that she be re-engaged with effect from the date of determination.