Lecturer gets order blocking redundancy move by institute
A LECTURER at Athlone Institute of Technology has secured a temporary High Court injunction restraining the institute from terminating his employment.
David Holland (44), of Ballymahon, Co Longford, a lecturer in stone and brick laying at the institute’s department of trades, yesterday secured a temporary injunction against the college, which the court heard intended to make him redundant as of yesterday.
Lawyers for Mr Holland claimed the college was not entitled to make him redundant, and under the terms of the Croke Park agreement were obliged to either retrain, redeploy or relocate him.
The injunction was granted yesterday evening at the High Court by Ms Justice Mary Irvine following an ex parte (one side only) application. The injunction prevents the institute from terminating his employment, interfering with his pay and altering his status within the college. The judge made the matter returnable to Thursday of this week.
Mr Holland is seeking a number of declarations from the court. These include that under the terms of the Croke Park agreement and the provisions of the Protection of Employees (Fixed-Term Work) Act 2003 his employer is obliged to redeploy and/or to retrain him. He is also seeking a declaration his employer has treated him less favourably than other employees. He is seeking damages against the college for what he claims is a breach of his employment rights. Mr Holland, who received notice from the institute last January of its intention to terminate his employment from June 20th, has worked at the college for several years, initially under fixed-term contracts.
Last week the Labour Court found that Mr Holland, and three others also initially employed by the institute under fixed-term contracts, were entitled to a contract of indefinite duration from January 1st, 2008.