UD1355/2013, RP327/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                            CASE NO.

Cathriona Coffey                                                                                                       UD1355/2013

                                                                                                                                  RP327/2013

against

Western Care Association

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr F. Murphy

Members:    Mr T. Gill

                    Mr M. McGarry

heard this claim at Castlebar on 4^th September 2014

Representation:

Claimant:

                Mr Paul Hardy, SIPTU, Forster Court, Galway

Respondent:

                Mr John Brennan, IBEC, Ross House, Victoria Place, Galway

Preliminary application:

The respondent made a preliminary application to have the claim under the Unfair Dismissals Acts, 1977 to 2007 dismissed on the grounds that the Tribunal did not have jurisdiction to hear it on the basis that the claimant was employed under a contract of “Specific Purpose”.

A copy of the contract of employment was submitted to the Tribunal. The specific purpose of the contract was to fill a post temporarily left vacant while the “Post Holder” was on extended sick leave. The contract was to end in one of the following three ways.

1. The return of the original post holder.
2. The filling of the post through open completion.
3. Or earlier as deemed necessary by the Association.

The original post holder returned to the organisation sometime prior to the termination of the claimant’s employment but did not return to the post then occupied by the claimant. However no new contract issued to the claimant and it was the respondent’s position that the specific purpose contract remained in place until the post became redundant and the claimant’s employment ended.

The claimant contended that the specific purpose contract effectively ended when the original post holder returned to work even though that person did not return to the post then being occupied by the claimant.

Preliminary determination:

By way of preliminary submission on behalf of the employer, it was claimed that the Unfair Dismissals Act did not apply in this case.

On hearing the evidence tendered on behalf of the claimant and the respondent, the submission made on behalf of the respondent and the reply submitted on behalf of the claimant, the three members of the Tribunal unanimously accepted that the case comes under the Exclusions set out at section 2 (2)(b) of the Unfair Dismissals Act 1977

            (2) This Act shall not apply in relation to-

(b) dismissal where the employment was under a contract of employment for a fixed term or for a specified purpose (being a purpose of such a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment) and the dismissal consisted only of the expiry of the term without its being renewed under the said contract or the cesser of the purpose and the contract is in writing, was signed by or on behalf of the employer and by the employee and provides that this Act shall not apply to a dismissal consisting only of the expiry or cesser aforesaid.

In the circumstances the Tribunal declines jurisdiction to hear the claim under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)