AIT bricklaying lecturer fails over High Court injunction

An AIT lecturer has this week failed to get a High Court injunction restraining Athlone Institute of Technology from terminating his employment.

The bricklaying assistant lecturer was aiming to prevent AIT from terminating his employment on June 20.

Michael McGrath, Moorpark, Birr, Co Offaly, was opposed by AIT who said the redundancy was necessary due to a lack of interest in the bricklaying course since the collapse of the construction industry.

Mr McGrath told the court that as he worked on various fixed term contracts with the institute for more than six years he should be entitled to a contract of indefinite duration. Which, he explained, would mean AIT was not entitled to terminate his contract in the manner it was about to do.

Mr McGrath’s entitlement to be considered a permanent employee has yet to be determined by the Labour Court.

At the High Court this week, Mr Justice Gerard Hogan said the law was such that an employer could terminate a contract of employment at will. The fairness of any termination, the judge added, could be challenged through the Unfair Dismissals Act.


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