THE RECESSION in the building industry has been mentioned in a case in which a lecturer in bricklaying failed to get a High Court injunction restraining Athlone Institute of Technology from terminating his employment.
Michael McGrath, Moorpark, Birr, Co Offaly, sought an injunction, pending a full hearing, preventing the Athlone institute from terminating his employment as an assistant lecturer on June 20th.
The institute, which opposed the application for an injunction, said Mr McGrath was being made redundant because of a lack of interest in the bricklaying course due to the collapse of the construction industry.
He claimed that because he worked on various fixed-term contracts with Athlone IT for more than six years, he was entitled to the benefit of a contract of indefinite duration. That, he argued, meant the institute was not entitled to terminate his contract in the manner which was proposed.
Mr McGrath’s entitlement to be considered a permanent employee has yet to be determined by the Labour Court.
At the High Court yesterday, 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.
Mr Justice Hogan added that he was not unsympathetic to Mr McGrath’s situation, but he had to apply the law as it has been set down.
Pauline Walley SC, for Mr McGrath, said he was employed on a series of fixed-term contracts for several years and by law was now a permanent employee of the institute. He had carried out work on the homes of some of the professors and had carried out construction work in the college. Various representations were made to him by the institute that if various projects were carried out, he would be given a permanent contract.
Ms Walley told the court that Mr McGrath was told that if he did what he was asked to do, he would get a permanent contract.
Tom Mallon, for the institute, argued that due to the economic situation, there was no longer any demand for the course and it was proposed to make Mr McGrath redundant.
Mr Mallon said the institute denied any irregularities or that Mr McGrath was promised a permanent contract if he engaged in various construction activities.