The Government and Bord na Móna yesterday clarified their position in relation to the settlement this week of a High Court case brought against the State company by its managing director, John Hourican.
The Department of Communications, Marine and Natural Resources and the company said it was their position that "the Protection of Employees (Fixed Term Work) Act 2003, which protects workers from abuse arising from the use of successive fixed-term work contracts, does not apply to the position of managing director of Bord na Móna.
"In consideration of Mr Hourican's request to the court that it strike out the case and the agreement of Bord na Móna to pay its own legal costs, Mr Hourican waived all and any claims he may have against the Bord arising from the termination of his employment/position as managing director.
"Mr Hourican also acknowledged, as part of the settlement, that his contract and office terminate on December 31st, 2007.
"Bord Na Móna accepted that Mr Hourican would be paid his contractual entitlements up to December 31st, 2007, including a sum for accrued, but untaken, holiday leave."
Mr Hourican will retire on December 31st and will take leave from September 30th until that date, the department and company said. He will attend a Bord na Móna board meeting on September 14th.
