EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
TE202/2012
Employee
against the recommendation of the Rights Commissioner in the case of:
Employer
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. A. Taaffe
Members: Mr. D. Peakin
Mr. D. Thomas
heard this appeal in Dublin on 12 December 2013
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
Mr. Anthony Kerr BL instructed by
Chief State Solicitor's Office, Osmond House,
Little Ship Street, Dublin 8
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Terms of Employment (Information) Acts, 1994 and 2001, against Rights Commissioner Decision r-120870-te-12/JT.
Prior to the commencement of the Tribunal hearing it was disclosed that a member of the Tribunal, in his capacity as general secretary of the Association of Higher Civil Servants, had interacted with a respondent officer (DG) in the past. The appellant had no objection to this member partaking in the hearing.
In March 2006 the appellant began working for the Department of Finance on a two-year fixed-term contract which was to run till March 2008. However, till May 2008 the appellant kept working for the Department of Finance.
In mid-May 2008 the appellant, still employed by the Department of Finance, was given a fixed-term contract for several years by the Department of Enterprise, Trade and Employment. But, on 29 April 2010, the appellant got a letter from the then Secretary-General to tell her that her position was to be moved to the Employer. However, despite more than one request from the appellant, no new nor amended contract of employment was issued.
On the morning of 12 December 2013 the Tribunal heard submissions as to the positions of both sides.
Determination:
The Tribunal has carefully considered (a) the written submissions of the appellant and (b) the verbal submissions of the respondent in response to these submissions. The issue to be determined arises from the issue of a fixed term contract employing the appellant for a fixed term of up to four years from 16 June 2008.
It is claimed by the appellant that the transfer of the appellant to the Employer required to be accompanied by the issue of a written contract. It is found and determined that the respondent was not required to issue a written contract on the transfer of the appellant and that this transfer and its details was communicated in writing to the appellant without any reference to any change in the appellant’s terms and conditions of employment.
The Tribunal, therefore, finds that the appeal under the Terms of Employment (Information) Acts, 1994 and 2001, against Rights Commissioner Decision r-120870-te-12/JT fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)