EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Susanne Owens, UD695/2013
against
Cill Dara ar Aghaidh Teoranta t/a County Kildare Leader Partnership,
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey B.L.
Members: Mr C. McHugh
Mr F. Keoghan
heard this claim at Dublin on 6th May 2014
Representation:
Claimant : Mr Simon McElwee, Joseph P Farrell, Solicitors,
No 1 Maryborough Street, Graiguecullen, Carlow
Respondent: Mr Tony Murphy, Tony Murphy & Associates, HR Consultants,
9 Riverside, Carrigaline, Co. Cork
The determination of the Tribunal was as follows:
Respondent’s Case
The respondent is involved in providing a wide range of social and community programmes and schemes within its geographical area. Almost all its income comes from public funding and in that respect all its operations are subjected to State financing. Its social inclusion manager outlined the background and role of the claimant’s employment with this company. The claimant was recruited in January 2011 on a fixed term contract as an assistant co-ordinator teaching maths in a number of locations. That contract expired on 31 December 2011.
In acknowledging that the claimant continued to be employed beyond that date the witness accepted that the respondent did not act on the statutory requirement as stated in section 8 (2) of the Protection of Employees (Fixed –Term work) Act, 2003. That section reads as follows:
Where an employer proposes to renew a fixed-term contract, the fixed –term employee shall be informed in writing by the employer of the objective grounds justifying the renewal of the fixed –term contract and the failure to offer a contract of indefinite duration, at the latest by the date of renewal
This witness agreed that it was reasonable in the circumstances for the claimant to assume that in the absence of section 8 (2) being applied to her that she now had a contract of indefinite duration from 1 January 2012 onwards.
During the course of 2012 the respondent felt obliged to restructure the role and scope of the claimant’s work as funding for her programme was reduced. In September the claimant queried the rationale behind reducing her hours and also referred to her grievance over her workload aired in March that year. The respondent managed to retain the claimant’s services without reducing her working week. In October 2012 the witness wrote to the claimant stating inter alia that her contract had been extended to 31 December 2012. However later that month he was informed from the funder that no finance would be available for a second assistant co-ordinator in 2013. Since the respondent regarded the claimant as the person with that role this manager wrote to the claimant on 10 December notifying her that her contract of employment would not be renewed. This witness commented that the respondent had no issues with the quality and standard of the claimant’s work and that her cessation of employment with it was solely related to finance and funds.
Claimant’s Case
The claimant confirmed that there were never any adverse matters relating to her work performance. On the contrary she did her job well and really enjoyed her work. The claimant concurred with the social inclusion manager that “nothing” happened at the end of her initial contract and that she continue working. She acknowledged certain developments in 2012 including the notice of termination of her employment issued in December of that year.
Determination
The Tribunal finds that there was a clear breach by the respondent in not applying section 8 (2) of the Protection of Employees (Fixed –Term work) Act, 2003. The claimant was not wrong therefore to consider herself on a contract of indefinite duration from 1 January 2012.
The claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the claimant is awarded €10,000.00 as compensation under those Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)