Lecturer contests TCD's refusal to renew contract

A psychologist believed he faced "untold damage" to his reputation when told his employment at Trinity College, Dublin, was being…

A psychologist believed he faced "untold damage" to his reputation when told his employment at Trinity College, Dublin, was being terminated, the Employment Appeals Tribunal heard yesterday.

Dr Paul O'Mahony is challenging the college's decision to end his employment as lecturer at its school of occupational therapy.

Dr O'Mahony contends that although he signed a contract for three years, he understood the contract would be renewed or the position would be made permanent if the appointment proved satisfactory. The college says he was told it was a three year post and no further commitment was being made.

In 1991, TCD advertised the position, saying it was "tenable, for an initial period of three years". Dr O'Mahony was one of five candidates interviewed.

READ MORE

Mrs Patricia Daly, establishment officer at TCD, said that at his interview, it was made clear to Dr O'Mahony that no commitment could be made about the future prospects of the job beyond the three year period. Sister Marie de Montfort, one of the interviewers, said she did not believe Dr O'Mahony was given any assurance about the future of the job beyond three years.

Dr O'Mahony was offered the job with an annual salary of £19,381 and signed a three year contract, with employment beginning at the start of 1992. Mrs Daly said he was also to be paid a 5 per cent salary premium in lieu of pension benefit, because it was not a permanent post.

Dr O'Mahony's lawyer, Mr Prank Callanan, said employs a psychologist at the occupational therapy school was a new departure. His client was given to understand the position would be renewed or made permanent if the college believed this new departure was "working out". There" had been no suggestion that his client had performed other than satisfactorily.

Mr Callanan added that the period of Dr O'Mahony's employment, TCD made a policy decision regarding such positions. Following changes to the Unfair Dismissals legislation, the college had decided that nobody at the end of a fixed term contract would be eligible to have their contract renewed. But that had not been the policy at the time off Dr O'Mahony's interview, he said.

The case continues today.